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Contingency Fees in Personal Injury Cases

If you’re injured owing to the negligence of another but can’t afford an attorney, you can take advantage of a contingency fee arrangement. This is especially common in personal injury cases and offers a way to secure legal representation without upfront costs.

What is a Contingency Fee?

A contingency fee means that the attorney agrees to represent you in exchange for a percentage of the settlement or judgment amount. This arrangement is beneficial because the attorney takes on the risk of the case. If the attorney fails to win a settlement or court award, they don’t get paid. This is different from hourly or flat fee arrangements, where the client bears the risk of legal fees regardless of the case outcome.

Contingency Fee Percentages

While the percentage can vary, industry standards for contingency fees in personal injury cases are generally around one-third of the settlement if the case is resolved before litigation. If a lawsuit is filed, the fee may increase to 40%. Some attorneys might use a tiered system, increasing their percentage as the case progresses through trial or even appeal. However, a third for pre-litigation settlements and 40% post-filing are the more common arrangements.

When an attorney accepts a case on a contingency basis, they are essentially betting on their ability to win. If they succeed, they earn a portion of the recovered amount. If they don’t secure a recovery, they walk away with nothing for the hours of work put into pursuing the case. This risk-assumption is why contingency fees are a popular choice among personal injury lawyers and clients. Especially for those without the funds to pay legal fees upfront. While making legal services more affordable, it also aligns the attorney’s incentives with the client’s success.

Contingency vs Consultation

If you’re considering pursuing a personal injury claim but are concerned about affording legal fees, consulting with an attorney who offers contingency fee arrangements could be your best option. These consultations are often free and are used to assess the potential of a case without a commitment from either side. This arrangement allows a client to shop around for a best fit for their particular issue. This allows people to get legal help without the pressure of upfront costs.

If you’re are in a bad situation, reach out to Clear Counsel Law Group and take your first step in seeking justice and compensation for your injuries.

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