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Personal injury lawyers can help injured victims get full and fair compensation through the legal system. Their understanding of personal injury law allows them to handle all aspects of the case, including communication with insurance companies, gathering evidence, completing all legal paperwork for a claim or lawsuit, and more. In this blog, we explore the cost of hiring a personal injury attorney, different types of fee structure, and the key factors that can affect the overall cost.
There is no average cost of hiring a personal injury attorney as each case is unique and there are many factors that influence the cost. For example, if you hire a personal injury attorney for a straightforward case, you can expect much less compared to personal injury lawyer fees for a lengthy or complex case that requires significantly more effort and time.
There are several aspects to a personal injury case, including establishing liability, which may require the attorney to investigate the cases and gather evidence. Completing all the legal paperwork and formalities can also be time-consuming. Also, keep in mind that there are several other expenses in a lawsuit. You can expect to pay court filing fees, postage, copying fees for police reports and medical records, investigator fees, and more.
Understanding the different types of fee structures can allow you to get an idea of what costs you can expect when hiring a personal injury attorney. Here are the most commonly used fee structures in personal injury cases.
Most personal injury lawyers use a contingency fee structure, where you pay the attorney a percentage of the money you receive from your claim or lawsuit. The advantage of this fee structure is that you don’t have to pay the attorney anything unless you win or settle the case. Typically, the contingency fee percentage is between 25% to 40%, however, this can vary based on what is agreed upon between the attorney and client. This fee structure is crucial for individuals who are unable to make upfront payments for their cases.
A variation of contingency fee agreements is the sliding scale contingency with the percentage going up as the litigation progresses. For example, if the case is settled before the case reaches trial, the percentage is 15%, but if it goes all the way to trial, then it would be 25%.
Some personal injury lawyers may charge an hourly rate for their services. This is most common for highly complex cases or if legal services are needed for a specific phase of the entire legal process. The downside of the hourly rate is that it can quickly add up to a substantial amount, and long communication or lengthy legal proceedings can result in higher fees.
Flat fees are less common, however, they do offer a more simplified fee structure for personal injury lawyers. Under this fee structure, the lawyer charged a fixed and predetermined amount for the entirety of the legal services. The downside to this fee is that if the case becomes more complex than initially anticipated, then it might create some issues.
A retainer fee structure requires the client to pay an upfront amount, referred to as a deposit. It is like an advanced payment for legal services. As the case proceeds, the legal fees and expenses are deducted from the deposit. As most retainer fees are nonrefundable, if you plan on switching personal injury attorneys, it can create an issue. Also, the actual cost of service can exceed the deposit amount, you may end up paying more.
In some cases, the attorney might have a hybrid plan, which combines more than one type of fee structure. You must discuss the fee structure with your attorney so there is no confusion later.
There are several factors that influence the cost of hiring a personal injury attorney. One key factor is the complexity of the case. For example, cases that involve multiple parties, extensive investigation, or complex legal disputes, may require more time and effort from the lawyer, resulting in higher costs.
Another key factor is the extent of the injuries. Severe injuries, such as traumatic brain injuries or spinal cord injuries can have a long-term impact on the victim. The attorney may have to work closely with medical experts to determine the long-term impact of the injury and this extra effort and time may result in high legal fees. The extra effort can go a long way in securing maximum compensation for injury victims. Other factors that can influence the cost include geographic location and the experience and reputation of the attorney.
You may be wondering that it’s all good if you win the case, but what happens if you lose the case? Who pays for the costs? If you have hired an attorney on a contingency fee arrangement, then the attorney would not require you to pay the attorney fees. There could be other arrangements depending on what you agreed upon with the attorney. For example, the attorney can agree to split the costs with you or have you reimburse all the costs and expenses. This is why it is vital that you have complete transparency and clear communication with your attorney about all the fees and expenses for your personal injury claim.
If you are trying to find the right balance between quality and affordability, you have come to the right place. At Caputo & Van Der Walde we are proud to have an outstanding record of success in personal injury cases, but we are also mindful that we don’t put any financial burden on clients. To learn about what our San Jose personal injury lawyers can do for you, and our costs for a personal injury case, please contact our personal injury law firm for a free consultation.
As members of the Multi-Million Dollar Advocates Forum® and the Million Dollar Advocates Forum®, we have proven our ability to negotiate and litigate on behalf of our clients successfully. Retain us to put our tactical strategies to work for you. These skills are what make our legal team such a formidable opponent in any courtroom or negotiation setting.