Attorney fee seems really high
July 26, 2011
I went to a car accident lawyer yesterday. The attorney said he will do a contingency fee of 40% for my case. Is that fair? That seems really high.
The “industry standard” on car accident cases is usually 1/3 (or 33.33%) of the total recovery. The percentage is often increased if the case goes to trial as well. Without more information, I can’t tell you if that fee percentage is fair. Factors to look at:
- Is the car accident contested liability? That is, is it clear who caused the accident?
- Is the claim destined for trial?
- How much expenses is the attorney going to need to advance? For example, it can easily cost $5,000 to pay for a doctor’s time in testifying in a car accident case.
- How many doctors will need to testify in the case?
- Are medical experts going to need to testify to your injuries?
As a frame of reference, our car accident attorney fees typically start at 25%.
Also note that typically, the attorney(s) on the other side of the case (representing the defendant) are paid by the insurance company directly. Oftentimes the are actually salaried employees of the insurance company.
Advancing Costs for Car Accidents & How Much the Lawsuit Will Cost
May 11, 2011
A lot of attorneys I’ve talked with will “advance the costs” of my car accident case. How much is my case going to cost to pursue?
That’s a tough question because it will depend on the details of your case. If the case doesn’t need to be filed, and the case settles before suit, the costs won’t be quite as high. If that’s the case, the main cost will likely be any money spent obtaining your medical records.
The costs will be significantly higher if your case goes to trial. You still have the costs associated with getting all of your medical records together, but they’re also litigation expenses. There’ll likely be depositions in your case. The court reporter will need to be paid, and all costs a little bit to get transcripts of the deposition. It can also be a good idea to have the deposition videotaped. When defending a car accident case, it seems like insurance companies like to argue that either you were hurt before the accident (so they’re not responsible), or if you were hurt at the accident you were not “that hurt.” They will have a doctor to testify on their behalf. It will cost money to rebut their witness because we will need to pay a doctor or doctors for their time to review your medical records and to state their opinion. We generally need to have a deposition with these doctors. The car accident case that goes to trial can easily cost $5000 in significantly more. It really depends on how many experts (doctors and medical professionals) will need to be involved with case.
I’m out of work – How can I afford a car accident lawyer?
January 5, 2011
First off, we provide a free consultation to meet with you to help you decide if you have a case and if you need an attorney. Remember that not all car accident claims actually need a lawyer.
If you and I decide that our firm is best to represent you, we then sign a contract. Our contract details our contingency fee. This means that we only get paid if we recover something for you. So, there’s no out of pocket costs on your end. We also front all the litigation costs. Our car accident contingent fees generally start out at 25% or 33%.
“How can the defendant [driver] afford those lawyers?”
December 13, 2010
Simple: Generally the attorneys defending an automobile accident case are paid by the driver’s insurance company. A lot of them are actually employees of the insurance company.
How much does it cost to hire a car accident attorney?
September 8, 2009
Nearly all of the car accident cases we handle are on a “contingency fee” basis. This means that you, the client, do not owe any legal fees up front. We only get paid if we recover a settlement or damages at trial. Our attorney’s fee is contingent on winning something.
The contingency fee is typically a percentage of the total amount awarded. Thus, the higher the settlement or trial verdict, the higher the attorney’s fee.
Note that most of the time, all expenses associated with pursing your legal claim are fronted by our firm. If we can’t get a settlement or trial verdict in your favor, you still owe us nothing. In that situation, we would have lost both time and the money spent on working the case.
