How Will My Attorney Be Paid in a Personal Injury Case?

In almost all personal injury cases, your attorney will be paid by keeping a percentage or portion of the final settlement, court award or verdict resulting from your injury. The percentage will be discussed with you and will be the subject of what is called a contingent fee agreement. The law requires, for your protection and that of your lawyer, a written contract which specifies the fee he or she will charge so there will be no misunderstanding about how much your case will cost. Most contin­gent fee agreements provide that you do not have to pay your lawyer for his or her services unless, and until, the case is settled or is resolved by a court verdict in your favor. The agreement should state that your lawyer will work diligently on your case in exchange for the percentage or portion outlined in the agreement. Many agreements provide that you will be responsible for actual out-of-pocket costs associated with the case, even if the case is not settled or won.

There are many instances in which people try to fire their attorney while the case is still active. Be careful. Many Agreements provide that you will be responsible for out of pocket costs as well as the attorney’s normal hourly fees for work completed to date if you choose to end the case prematurely, not allowing the attorney to finish his services and therefore not giving him the opportunity to re-coup those expenses. These fees can be quite substantial. Read your fee agreement carefully so that you are familiar with all of the terms and conditions.

At Penglase & Benson we will review the fee agreement with you at your consultation meeting to ensure that you are fully aware of all of these terms and conditions.