Despite your best efforts, you find yourself at the losing end of a personal injury case. If you have hired an attorney, you may be worried about whether you now will need to pay him or her for services rendered.
How will this be resolved? Do you still need to pay your attorney despite losing your personal injury claim?
We have asked an attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Contingent Fee Arrangement
In most personal injury cases, you will be hiring your attorney on a contingent fee basis. This means your attorney will be paid only if you do.
Depending on your written agreement with him or her, your attorney will be paid by keeping an agreed-upon percentage of the final settlement or court judgment.
All state ethics laws require the attorney memorialize your agreement in writing, and your contingent fee arrangement will have the percentage breakdown written out clearly for your protection but also your attorney’s protection.
Court Costs and Fees
However, the attorney may have required that you agree to pay for any specific set fees, including court filing fees or fees for expert witnesses. If your attorney has paid these costs upfront, you may have to reimburse him or her for those expenses at minimum, especially if discovery issues were extensive in your case.
Keep in mind that these fees were expended solely because of your case so it would be reasonable he or she would expect to recoup these costs. In comparison to what a full-blown legal fee would be, payment for set fees is not too terrible.
Why Would They Do It?
One would ask, then, if there is a chance of not being paid, why would an attorney take a case upon a contingent fee? That is a lot of work for the chance of it being nothing in the end. It is for this reason that personal injury attorneys will work hard to weed out cases in the beginning.
If he or she does not believe your case has much merit, it is likely your case will not be accepted. A contingent fee offers a big pay out in the end if the attorney is successful.
If you have a case that results in a six-figure payout, your attorney would get a a portion of that in legal fees. Sure, there is always that chance that he or she will not win, but that possibility of winning outweighs the possibility of walking away with no fee. It is also for this reason that many personal injury attorneys will take additional cases, such as family law or divorce cases, to help supplement income while they wait for payment from their personal injury cases.
Contact an Attorney Today
Whenever you have been in a car accident and are unsure of the process or what to do, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your property damages, medical bills, and pain and suffering, you should speak with a personal injury attorney in your area today.
