Injury & Accident Lawyers Contingency Fee Percentage Arrangements Explained

Learn the contingency fee lawyers arrangements for your accident and injury case!

Before one hires an attorney on a contingency fee basis for the accident or personal injury case, it is they have to make sure that they understand how it works and protects their right.

You see a majority of people are scared of lawyers in their lives: who comes with a high probability of burning a hole in your pockets.

But people also tend to forget that a majority of accident and injury lawyers handle these cases on a contingency fee arrangement basis. The is why they are called contingency fee lawyers.

What is Contingency Fee Arrangement

Lawyers love to settle cases, period. Because that’s the window from which they can generate the maximum profits for themselves.

In other types of cases, a lawyer will charge you his or her legal fees regardless of the outcome of the case for hiring his or her services, however, for accident and injury type of cases, most attorneys extract portions and a percentage of the settlement check or award money from you in the form of a contingent fee arrangement, as it is their right because, without him or she, you wouldn’t be getting settlement checks or any sorts of award from anywhere.

In these arrangements, the lawyer basically fronts all the money and resource to handle your case and then gets paid on the back if he or she gets you a settlement.

And if they do not get any settlement they will walk away with nothing. This is why contingency fee lawyers tend to work hard to get a settlement in most cases.

Types of Personal Injury Contingency Fees Cases

A contingency fee is not available for all types of legal services.

So it is important to understand the type of cases contingency fee lawyers handle.

Here are a few of the cases that most law firms can represent you on a contingency basis.

Auto accidents:

  • Car
  • Truck
  • Train
  • Boat
  • Bicycle
  • Motorcycle
  • Bus
  • and many others etc

Other personal injuries such as:

  • Slip and fall
  • Assault
  • Dog bite
  • Product liability
  • Medical malpractice
  • Construction injuries
  • Libel
  • Class actions

Workers compensation, social security, and employment lawyers typically handle cases on contingency fee arrangement bases.

Criminal, family law, and bankruptcy cases are some of the case not handled on a contingency fee basis.

Understanding the work of an attorney 

Given the fact that contingent fee account for the maximum proportion in an accident or personal injury lawyers earning, they always are on the lookout for making the most out a case that comes their way. But of course for that they also have to put in the necessary amount of productive hours, days and days of research in order to understand and get a hold of all the details of the case, prepare loads and loads of documents, argue with the opposition by coming up with witty and out of the box ideas, read between the lines with a fine-toothed comb in order to make sure that they don’t miss out on anything: work that basically requires them to spend sleepless nights just for that ray of sunshine in the end.

A lawyer for your car wreck or personal injury will be guide you through all the aspects of the case, make sure that your case is handled in a pragmatic manner, present reasonable and solid facts and figures to a jury and to the court, come up with witnesses who can verify and corroborate your claims, are just some of the things that a lawyer needs to take care of during the duration of a case.

The average contingency fee of lawyers 

The basis of a lawyer demanding a cut out of the settlement all depends on the guideline of the contingent fee that every state has laid out accordingly. Even though there are usually no set specific contingency fee percentage in a lot of states, an attorney or law firm can’t just take a fee that is unreasonable. However, contingency fees typically range from anywhere between 25 to 40% depending upon the type of case and how hard it will be.

You have the right to negotiate for a better percentage 

It is also important to under that you can negotiate the percentage a lawyer can take from your case. Most people may not be aware of this and just accept whatever number the attorney says. However, since it is the clients’ money, it is ultimately the decision of an individual or an organization to decide how much of the money they are willing to part ways with. However, things are not so simple.

You cannot just throw any random number at your lawyer and expect he or she to walk with it. You can negotiate with him or her and ultimately come up with a split percentage that both the client as well as the lawyer are okay with. This split percentage is what ultimately becomes the contingent fee of a lawyer and is generally settled in the range of 33% of the total amount like mentioned above.

What determines the accident & injury contingency fee percentage

Contingency fee lawyers percentage is usually determined by different factors. The easier the case the less they will take and the harder the case the more. Below are some of the factors that will determine the percentage an attorney will demand to handle your case.

  • Trial – If your case goes to trial then the lawyer will want more percentage from the settlement as they will have put in more resources like hiring experts and investigations etc.
  • The severity of the injury – The more serious the injury the more the attorney will demand a higher percentage.
  • The experience of the lawyer – the more experience the attorney has the more they will want to out of the settlement to represent injury and accident victims.
  • Size of the law firm – A solo or small law firm will likely take a smaller percentage compared to a bigger law firm.

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