How much do I owe my attorney if I lose my personal injury claim?

On Behalf of | Dec 2, 2021 | Personal Injury |

Accidents happen, but you shouldn’t have to suffer financially on top of your physical injuries when the accident was caused by someone else’s negligence. 

Unfortunately, a lot of injury victims believe that they simply can’t afford a civil claim against the other party – particularly when that party is a big company with a lot of clout, money and attorneys. 

That’s simply not true. 

Contingency fees make justice available to everyone 

Most personal injury attorneys make it a point to take claims on a contingency fee basis. That means that your attorney agrees to take your case under an agreement that they will only get paid if they win your case. 

The contingency fee will be based on a percentage of whatever they recover for you. One-third (33.3%) of your settlement is not unusual. If your case goes to trial, the percentage you owe your attorney out of any award may be somewhat higher as a reflection of the additional effort and work that went into the case. 

When signing your contingency agreement, you need to make sure that you also understand whether or not you’ll be responsible for any administrative costs (win or lose), such as copying fees, filing fees and other sundry expenses. 

Why would an attorney take this kind of chance? After all, if they lose your case, they’re out a considerable amount of time, energy and income. It’s because they don’t expect to lose. The first time you meet with your potential representative, they’ll assess the strengths and weaknesses of your case. If they aren’t convinced that your case is winnable, they probably won’t take it. 

Knowing how contingency fees work (and the fact that an attorney usually won’t take your case unless they think it’s a winner) can give you the confidence you need to pursue what you’re due.