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| September 29, 2024

Personal Injury Lawyer Fees: How Do They Work?

Did you suffer an injury in Washington due to someone else’s wrongful actions? If so, you may be considering taking action and wondering how personal injury lawyer fees work. Attorneys use different fee structures, such as contingency, hourly, or flat fees, to fit various case types and client needs. Knowing how these fees work allows you to evaluate your options and choose the right attorney for your case.

At The Freeman Law Firm, Inc., we strive for transparency and fairness in our fee structures. Our goal is to make quality legal representation accessible to everyone who needs it, so we accept cases on a contingency fee basis. In this type of arrangement, we provide outstanding legal services at no up-front or out-of-pocket cost to our clients.

Contact us today for a free consultation to discuss your case and learn how we can maximize your recovery with no financial risk to you.

Types of Personal Injury Lawyer Fee Structures

Personal injury lawyers use several fee structures to cater to different needs and case types:

  • Contingency Fee Agreements: In a contingency fee agreement, you pay no upfront fees. Instead, your lawyer receives a percentage of your settlement or court award if they win your case. Contingency fee arrangements are popular because they align the attorney’s interests with yours and make legal help more accessible regardless of your financial situation.
  • Hourly Fees: Some lawyers charge hourly fees. Hourly rates are less common in personal injury cases because they require you to pay regardless of the outcome. Law firms typically charge hourly fees for cases that require extensive, ongoing consultation.
  • Flat Fees: Some attorneys also offer flat rates for smaller or simpler legal matters. Flat fee structures allow clients to estimate the total cost from the start, which can simplify budgeting. Flat fees are practical for cases with predictable time and effort requirements.

What Is a Contingency Fee?

Contingency fees are a payment arrangement in which a personal injury lawyer receives a portion of their client’s settlement or court award as their fee. Many personal injury lawyers, including those at The Freeman Law Firm, Inc., accept cases on a contingency fee basis.

In contingency fee arrangements, lawyers only receive payment if they successfully win or settle the case. A contingency fee arrangement removes financial barriers for clients dealing with injuries and financial stress and allows them to seek justice without the burden of upfront legal fees. An arrangement like this can be especially valuable for those who might otherwise hesitate to pursue their rightful compensation due to monetary concerns.

Typical Contingency Fee Percentages

Contingency fee percentages are taken from the settlement or court award and typically range from 33% to 40%.  The fee is Factors like the type of case, its complexity, and the amount of preparation necessary for trial can all influence these rates. More complex cases that require extensive evidence gathering and expert testimonies often command higher percentages due to the increased workload.

Some law firms employ sliding scale contingencies, which involve a contingency fee percentage that varies based on how far the case progresses before resolution. For instance, settling a case before filing a lawsuit might incur a lower percentage fee than it would if the case were to reach trial.

The Freeman Law Firm, Inc. maintains standard, competitive rates regardless of case progression. We prioritize this transparency because we want our clients to understand their financial obligations from the outset and enjoy peace of mind throughout the legal process.

Other Costs and Expenses in a Personal Injury Case

In addition to lawyer fees, several other costs and expenses can arise in personal injury cases:

  • Court Filing Fees: Court filing fees are mandatory payments you make to the court to initiate a legal claim. These court costs vary depending on the court and the specifics of the case, such as the amount you are claiming and your jurisdiction.
  • Expert Witness Fees: Expert witness fees cover the costs of professionals your attorney hires to testify on aspects related to the case, such as medical experts or accident reconstruction analysts. Experts can provide critical insights that can significantly influence the outcome of a case, but their services come at a cost.
  • Medical Record Fees: Medical record fees are charges associated with obtaining health documents to support your injury claims. Medical records are often necessary for substantiating the extent and impact of your injuries, but providers often charge fees for copying and handling these documents.

Who Pays If You Lose?

When you win a personal injury case, your attorney’s fees typically come out of the settlement or court award you receive, so you don’t have to pay out of pocket. In addition to attorney’s fees, other case-related expenses like court filing costs and expert witness fees usually come out of your compensation award as well.

However, if the case does not result in a win, you might still be responsible for other case-related costs even if you don’t have to pay attorney’s fees. Although your personal injury lawyer cost is contingent on their success, these case-specific expenses are generally your responsibility regardless of the outcome. Always remember to discuss all these details with your lawyer at the outset so you have a clear understanding of your potential financial obligations.

Free Consultations and What They Cover

A free consultation offers valuable benefits for those looking to pursue personal injury claims. Free consultations allow you to understand a prospective lawyer’s fee structure and critically assess the specifics of your case without any financial commitment.

You can expect to discuss several key topics during a free consultation. The lawyer will typically explain how their fees work and whether they use a contingency fee arrangement. They will clarify what percentages might apply and what specific expenses you might be responsible for, regardless of your case’s outcome. The attorney will also evaluate the merits of your claim and provide insights into the potential challenges and outcomes of the case.

It’s best to bring any relevant documents or evidence to the meeting to facilitate a thorough discussion. Your consultation also provides an opportunity to ask questions about the legal process and what to expect moving forward.

Fee Agreements: What to Look For

A well-drafted fee agreement should outline not only your attorney’s percentage but also clarify how additional costs are handled. Consider asking the following questions:

  • Are all potential expenses listed? Make sure the agreement breaks down costs like expert witnesses, court fees, and medical records retrieval, as these can add up.
  • When are fees deducted? Confirm whether the contingency fee is taken from the gross or net settlement, as this affects your final recovery.
  • Responsibility for out-of-pocket expenses if you lose: Understand whether you’ll owe for expenses even if the case isn’t successful.
  • What if you switch lawyers? Some fee agreements explain how fees will be shared if you change representation mid-case, so check for clarity on this point.

At The Freeman Law Firm, Inc., we make sure that all terms and costs are clear from the beginning, so there are no surprises. We encourage open discussion during your consultation to answer any specific questions about our agreements.

Can You Negotiate a Lawyer’s Fee?

The possibility of negotiating a lawyer’s fee varies by firm and case details. Some law firms offer flexibility in their fee structures, but many maintain fixed rates. Your ability to negotiate depends on the firm’s policies and the unique nature of your case.

The Freeman Law Firm, Inc. adheres to a policy of maintaining standard, competitive rates. We set our fees based on a careful assessment of the nature and complexity of each case to promote fairness and transparency. We want our clients to feel confident that they are receiving straightforward and just fee arrangements without the need for negotiation. You can discuss these rates during your free initial consultation to understand how our firm’s fee structure applies to your specific case scenario.

Changing Lawyers: Impact on Fees

If you change lawyers during a personal injury case, it can affect your claim’s financial aspects and overall progress. Typically, both the original lawyer and your new attorney are entitled to a portion of the contingency fee, depending on how much work each contributed to the case.

A change in legal representation can also affect prior fees and expenses. Your original arrangement might require you to reimburse your attorney for certain costs, such as filing fees and expenses for gathering evidence. Many attorneys deduct these costs from any settlement or award they obtain, but some lawyers handle things differently. When hiring a new lawyer, you should always discuss how they will manage these previous expenses and any ongoing fees to prevent surprises throughout the remainder of your case.

Understanding the Final Settlement and Fee Deductions

When a personal injury case results in a settlement or court award, lawyers typically deduct their fees as per the agreed-upon contingency fee arrangement. This percentage usually comes out of the total payout before any other deductions.

The amount of compensation you receive after all fees and expenses get deducted from your total payout is called your “net recovery.” To calculate your net recovery, start with the total amount of your settlement and subtract your lawyer’s contingency fee. Then, deduct any additional case-related expenses, such as filing fees and payments for expert witnesses. Everything that remains is the net amount you will receive for your claim.

Contact our Personal Injury Attorneys in Washington

Ready to take the next step in pursuing your personal injury claim? At The Freeman Law Firm, Inc., we understand the importance of clear communication and transparent fee structures. Contact us today at (253) 383-4500 or by using our contact form for a free consultation so we can discuss potential fee arrangements that suit your needs and help you move forward with confidence.


Disclaimer: The information on this website is for general informational purposes only and is not legal advice. Viewing or using this site does not create an attorney-client relationship with Freeman Law Firm, Inc. Case results depend on specific facts and cannot be guaranteed. For legal guidance for your individual situation, contact our office for a consultation.

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