Have you been injured as a result of an auto accident, slip and fall, or medical malpractice? Do you feel you will not be able to afford an attorney to make sure that you are adequately compensated for your injuries?
Most attorneys are willing to work out a financial arrangement with you for representation in personal injury matters. Most will represent you on what is commonly referred to as a contingency fee arrangement. That is, the attorney will be entitled to a percentage of your total recovery as compensation for legal services rendered in your case.
There are many different variations of contingency fee arrangements. Some attorneys will ask for a specific percentage regardless of the stage at which your case is resolved.
Many attorneys commonly have a gradually increasing fee arrangement based on the amount of work they must do for your case. In other words, the more work required, the higher the fee for his/her services.
The contingency fee is typically based on what stage (early, intermediate, advanced) your case is in at the time of the settlement or judgment. Some of these stages include:
- Pre-filing period (Early) – The attorney will investigate your case, contact witnesses and insurance companies (if applicable), and will attempt to negotiate a settlement without the need to file a lawsuit.
- Filing of lawsuit (Intermediate) – If efforts to settle the case in the early stage prove futile, the percentage of the contingency fee typically increases.
- Mediation (Intermediate) – If the attorney is further required to mediate or arbitrate the case, the percentage may increase at that point.
- Trial (Advanced) – The fee may also be re-set another rate if the case goes to trial.
If an attorney uses a graduated percentage fee arrangement, all corresponding percentages will be disclosed to you before you sign a retainer agreement with the attorney. A contingency fee arrangement is a contract, and is enforceable against you even if you later change your mind as to the fee arrangement.
The attorney’s fees are usually calculated on the total gross amount recovered before deductions for other reimbursable costs, such as filing fees, expert witness fees, and medical liens.
If you or a loved one has suffered an injury, the experienced personal injury legal team at Roberts & Roberts is here to help with compassionate, aggressive representation. Please call 800-248-6000 or contact us for a free consultation.