Understanding the Fine Print – How Personal Injury Lawyers Charge Fees

Individuals often need to pay more attention to fine print. This can be due to time constraints, a desire to get things done quickly, or the complexity of language used in contracts and agreements.

Personal injury lawyers typically work on a contingency basis, meaning they collect a fee based on a percentage of your settlement or award. This article will explore what that means for you as a client.

Contingency Fees

Most personal injury lawyer in Pennsylvania charge contingency fees, meaning they do not require any upfront payments from their clients. Instead, the attorney’s fee is a percentage of the client’s settlement or jury award.

This is an effective way to make legal services affordable for injured victims who may otherwise struggle to pay their bills. It also creates a strong incentive for lawyers only to take cases with strong merit, as they would risk not receiving any payment if the case failed.

Clients must understand what these fees entail when signing a contingency fee agreement. Be sure to check whether the contract outlines the percentage of the award the attorney will keep, what expenses the attorney is authorized to deduct from the award, and how the attorney will track these expenses. Moreover, it is critical to pay close attention to the provisions in the contract regarding subrogation, liens, and paying back medical bills.

Fee Percentage

Typically, injury attorneys charge a standard percentage of the total settlement amount. The exact rate varies by law firm and the specifics of each case. However, a reputable PI attorney will be clear about the fee structure and ensure you understand exactly how much your case could result after deducting legal fees.

Some believe personal injury lawyers are greedy and will take much of the final payout. This common misconception results from needing to understand how insurance companies work fully. Insurers are in the business of making money – not charity. They profit from the premiums they collect and from the re-insurance business. The more they pay in benefits, the less profitable they are.

Fees for Expert Witnesses

An expert witness has scientific, technical, or other specialized knowledge acquired through education, training, or experience and can assist the factfinder in understanding the evidence in a case. Under Rule 702, expert witnesses are permitted to testify in the form of an opinion as long as it is based upon sufficient facts or data and is the product of reliable principles and methods reliably applied to those facts.

During the expert witness voir dire process, attorneys often object to an expert’s qualifications before the expert can testify. However, it is important to remember that such objections continue to apply to any future testimony by the same expert, even if it is not initially permitted.

A good rule of thumb is to check the expert’s CV to ensure accurate information. For example, if an expert uses only the first name on the CV or does not list a middle initial, further investigation is warranted.

Fees for Document Preparation

Legal document preparation is often one of the most significant expenses in personal injury cases. Lawyers charge for the time it takes to review and prepare documents, gather medical records, take depositions, and prepare for trial. In addition, lawyers typically charge hourly rates for research and phone calls with clients. These costs are deducted from a settlement before the client receives the remainder of their money.

Unless you work with an attorney who charges by the hour, your attorney’s fees should be clearly defined in a written agreement. When you meet with a personal injury lawyer, please request a copy of their fee structure and ask questions about how the attorney calculates fees. This can help you avoid costly surprises and miscommunications. A well-written contingency agreement can also help align your interests with the attorney’s so that you are both invested in the success of your case. In addition, it may limit your exposure to the possibility of losing your claim.