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Understanding Contingency Fees and Negotiating Them – A Personal Injury Fee Guide

The world of personal injury law is often overwhelming and can be daunting for an individual that ha been freshly injured. We expect the law to be an intimidating thing, and the stress and anxiety of a perceived lawsuit may actually have some of us throwing in the towel even before we start figuring out the process. One of the most persistent questions we get asked as a law firm is if filing a lawsuit is expensive, and how the client gets paid out.

Before we take a deep dive into this topic, it is important to note that personal injury law cases are taken up on something called contingency fee basis. This simply means that there are no upfront fees, but you pay the attorney at the end of the suit from your payout, where they take a certain agreed upon percentage. This usually puts most clients at ease, as the vast majority of injured individuals usually worry about how they can afford a lawyer in the first place.

However, it doesn’t end there – most people are not aware of the fact that these fees are negotiable and that representation does not start until you get on the same page with your attorney regarding their fees should they win your case. The contingency fee basis structure of personal injury law therefore allows hundreds of thousands of Americans to seek legal services without having to worry about any form of upfront payment, leaving them with time to resolve pressing matters as their attorney works on their claim, such as seeking timely medical treatment as well as recovering as they wait for the outcome of their claim.

However, the knowledge of contingency fee structure is just the first part of understanding personal injury law basics – the second one happens to be having the know-how on negotiating this fee as well as why clear communication with your attorney is essential for a favorable personal injury result.

We Fight for Justice in Severe and Catastrophic Injury Cases

Are you looking for the best and affordable personal injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced personal injury attorneys at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve recovered over $260 million for our clients over the decades and counting, helping tens of thousands of injured Americans from across the country and all backgrounds recover compensation after getting injured by the actions of other negligent individuals or large corporations.

Pride ourselves in getting the best possible result for our clients, and to this end, we are not afraid to litigate by taking a claim to court particularly if the client suffered severe or catastrophic injuries – most of the time, litigation is the only way to recover maximum compensation as decreed by the law. Conversely, most law firms simply engage the insurance company in settlement negotiations as this is usually the fastest way to resolve a claim, but to the detriment of the client’s needs as they often end up with a paltry payout.

Our experienced and highly skilled attorneys handle every claim that comes our way, and we do not shunt over this work to paralegals as is often seen in most law firms, and we are accessible via phone or email to provide clients with regular and reliable updates on the progress of their claim. We run a bilingual firm (hablamos Español), and we take on all cases on contingency fee basis, which simply means that there are ZERO UPRFRONT FEES for the duration of the processing of your claim. If you suffered an injury due to someone else’s negligence, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

Understanding Personal Injury Contingency Fees

Let’s take a deep dive into personal injury lawyer fees:

  1. The contingency fee structure is typical for personal injury law, which means your lawyer only gets paid if they win your case. This was designed to ensure everyone has the opportunity to access legal service across the board. While the standard contingency fee is 30 percent, it is not uncommon to see other attorneys taking 40 percent.
  2. The 30 percent fee is applicable in cases which are simple and settle quickly, and do no involve legal complexities. For example, typical minor car accident claims where there in no room for ambiguity as regards who is liable for the accident and the insurance company is amenable to reasonable negotiations, the client may be charged 30 percent. However, if the case require extensive litigation, proceeds to trail and take longer to resolve due to the need for extensive investigative work and calling expert witnesses, the attorney may charge a 40 percent fee in line with the work they had to do to resolve the claim.

Here are some effective strategies for negotiating attorney fees:

  1. Do your research and understand typical fee structures in your area so you can have an idea of whether or not the attorney’s proposed fee is inflated or reasonable. In addition, not all injury cases attract a flat fee – some complex ones such as shared liability accident cases, product liability and so on may attract a higher fee.
  2. Talk openly about your budget with your attorney and express the fact that you are seeking fairness with regard to the fees. This demonstrates seriousness and commitment and attorneys will often be flexible when they see a potential client being serious about the process. In the same breath, you may be able to agree on a flexible payment plan with your to-be attorney if you’re open and honest from the get-go.
  3. Discuss the complexity of your case with the attorney and state that the fact your case is clear-cut, there should be an expectation that the fees shall be lower than 40 percent. In addition, share any documentation you may have with them supporting your assertion about the simple nature of your claim so as to influence their decision when it comes to charging you a lower fee.

Best Countrywide Personal Injury Attorneys – Call Us Today!

We understand that this may all be confusing and overwhelming to you as a first-time litigant, but the reality is that the vast majority of the cases we take on eventually get resolved to the client’s specifications or expectations. If you got injured and are looking to get fairly compensated, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing McCready Law, and we look forward to helping you.