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Can I Afford a Lawyer?
When attorneys charge for their time by the hour, their bills can quickly add up and be beyond the budget of most people. Although the insurance industry and corporations can have dozens of attorneys “on the clock”, that isn’t possible for the rest of us. Fortunately, consumers have a way to level the playing field. Attorney fees in cases of serious injury or wrongful death are generally based on a “contingency fee basis”. This means that the attorney is only paid if there is a recovery, and the fees are set as a percentage of the recovery made. If there is no recovery, you owe no attorney fees.
Under a contingency fee contract, attorney fees are generally between 33.3% and 40%, but there is nothing sacred about these numbers. In more complicated and difficult cases or in cases that require significant expenses, the percentages may be higher.
You should expect that a contingent fee agreement will be in writing. Make certain that you understand this agreement. Ask questions. You should expect to be provided a copy of the agreement for your records. How expenses will be paid is an important part of the agreement. Cases for serious injury or death can require sizable expenditures, tens and sometimes hundreds of thousands of dollars. Ask what kinds of expenses the attorney considers essential to prepare your case and maximize your recovery.
Routine costs in lawsuits can include charges for filing fees, process servers, facsimile charges, couriers, express mail, Federal Express, UPS, copying of medical, employment, court and other records, deposition reporter's fees and transcripts, experts' and consultants fees, telephone toll charges, in office copying, postage, attorney's travel by car, parking, overnight hotel and meals, focus groups, trial exhibits, computer research, mediation fees, jury fees and investigators' fees.
The most significant expenses in many cases are for experts who hired to explain what the defendant did wrong, medical details related to the death or injury, and future expenses or losses that have resulted. Doctors, engineers, life care planners, and economists are commonly employed. In most cases, attorneys with contingent fee agreements will advance the expenses on a case, and then deduct them from the settlement when the case is resolved.
Although it is difficult to estimate the expenses of a case in advance, ask for a general estimate of what those costs will be.
It is our firm’s policy to advance the expenses for your case until your recovery is made. Although no attorney can guarantee what the outcome of a given case will be, that does not prevent the attorney from promising to use his/her best efforts on your behalf. The "right attorney" is never unwilling to make this commitment to his/her client and to put that commitment in writing.
Notice:
The information on this Web site cannot replace the careful consideration of personal factors and changes in the law, which may apply to your legal problem. While this information may help you, do not rely on it as the answer to a legal question.