Understanding Contingency Fees in Personal Injury Cases

The primary reason why people hesitate to retain the services of a lawyer when they need one is that they fear it will be too expensive. Sadly, some law firms charge exorbitant legal fees and hourly rates for their services. But we see things differently.

 

 

Personal injury and wrongful death cases are extremely emotional and difficult for victims to handle. That is why it is vital for seriously injured victims to retain a caring, seasoned lawyer immediately. At Terry Bryant Accident & Injury Law, we focus on serious personal injury and wrongful death cases; and in order to properly work for our clients’ best interests, we limit the number of cases we take on at any given time.

 

 

 

 

This is one reason why we work on a contingency fee basis rather requiring than a retainer up front and billing when fees and other costs are incurred.   Basically, a contingency fee is a legal payment based on a percentage of the amount a lawyer recovers for his or her client. In these cases, there is no up-front payment and the terms are agreed upon when the attorney takes the case; he or she is paid out of the money received in settlement or litigation. Your first question is probably  "What if nothing is recovered in my case?" The beauty of the contingency fee is that if we don't win your case, you pay nothing. In the interim, we pay all court costs and all expenses, and they are later repaid out of your recovery amount.

 

 

 

 

Contingency Fees Further Explained

 

 

 

 

Contingency fees for personal injury attorneys in Texas are governed by the Texas Disciplinary Rules of Professional Conduct. 

 

 

 

 

Under these disciplinary rules, contingency fees are allowed only in civil cases, not criminal cases. A contingency fee agreement must be given in writing to a client and be signed by the client before the attorney renders any services for any personal injury matter.

 

 

 

 

Several variables unique to your specific case determine the final contingency fee percentage as well as the total amount of expenses needed to pursue your claim, and these are some of the key factors involved:

 

 

 

 

• Whether suit is filed
• Whether a verdict is appealed
• The nature and degree of complexity of your claim
• The location of the accident and the parties
• The type of experts needed.

 

 

 

 

If a settlement is reached before a lawsuit is filed, the contingency fee will be less.  It will go up if your attorney has to file a lawsuit on your behalf.

 

 

 

 

Common Expenses

 

 

 

 

Typical expenses incurred in filing a personal injury case in court include:

 

 

 

 

• Filing fees – Most documents filed with the court require a filing fee.
• Serving the parties – Fees to serve legal papers on defendants.
• Court reporter fees – If depositions are taken
• Transcript fees – For depositions and if the case goes to trial
• Expert witness fees – They explain the evidence on your behalf.
• Securing police reports and medical records.
• Copying costs – Medical records, witness statements, police reports, etc.
• Investigator fees and expenses – For trained investigators to find evidence to support your case
• Miscellaneous expenses - Postage costs, creating trial exhibits, etc.

 

 

 

 

If your case is relatively simple to investigate and a settlement is reached sooner rather than later, and there is no trial, the contingency fee and case expenses will be lower.