If you’ve been injured in a car accident, you may find yourself preoccupied with insurance paperwork and mounting medical expenses when you should be focused on physical and emotional recovery. For this reason, obtaining legal representation after a car accident is essential. Car accident lawyers are victim advocates who protect the rights of those harmed by another driver’s negligence, navigating complex legal challenges on their behalf. Understanding how car accident lawyer fees work is crucial when seeking legal help.
A resourceful car accident lawyer collects and preserves evidence related to the accident, facilitates the claims process, negotiates fair insurance settlements, and maximizes financial compensation that can be used to pay for hospital bills or mental health counseling — all of this at no out-of-pocket cost to you. How is this possible? Most car accident lawyer fees are paid out on a contingency structure, meaning they don’t get paid for their services unless they achieve favorable outcomes in their clients’ legal cases by recovering money for their losses.
Struggling with vehicle repair payments and medical bills should be secondary to recovering from and seeking justice for the accident that caused you bodily harm. In this article, we’ll review car accident lawyer fees and how they’re calculated so that you can feel confident about pursuing this valuable legal service.
What Are Car Accident Lawyer Fees?
While attorneys may offer different fee structures, most car accident lawyers work on a “contingency fee” basis. Under this arrangement, your lawyer only gets paid if you win your case or receive a settlement. The attorney’s fee is then calculated as a percentage of your recovery amount.
Beyond attorney fees, car accident cases often involve various expenses which some law firms require clients to pay as they arise. Other firms may cover them upfront and deduct them from the final settlement amount. Some of these additional case costs and expenses include:
- Court filing fees
- Medical record retrieval costs
- Police report fees
- Expert witness fees
- Court reporter expenses
While less common for car injury cases, some of the other types of auto accident lawyer fees and arrangements may include:
- Retainer Plus Contingency: Some lawyers collect an initial retainer fee and a contingency fee. However, the retainer amount is typically subtracted from the final contingency fee percentage.
- Hourly Rates: Though rare in car accident cases, some attorneys charge by the hour for their services.
- Flat Fees: Reserved for simpler cases, such as drafting and responding to demand letters, flat fees typically range from $300 to $1,000.
Most car accident victims find that contingency fee arrangements align with their best interests, as they’re not required to pay anything upfront amidst other mounting expenses resulting from their injuries. Conversely, attorneys are motivated to secure the best possible outcome for their clients when operating on a contingency basis.
Average Car Accident Lawyer Contingency Fee Percentages
Most car accident lawyers charge contingency fees between 33% and 40% of your settlement or verdict amount. Cases settled out of court (pre-litigation settlements) usually involve contingency fee percentages closer to 33% while cases that go to trial (post-litigation settlements) are typically closer to 40% due to the additional time, resources, risk, and legal expertise needed.
Let’s break this down with some examples:
Pre-litigation Settlement: If your case settles before filing a lawsuit for $120,000, your attorney’s fee at 33% would be $39,600.
Post-Litigation or Trial Verdict Settlement: If the same case goes to trial and results in a $120,000 jury verdict, with a 40% contingency fee, your attorney’s portion would increase to $48,000.
Factors That Affect Lawyer Fees
Several key factors influence how personal injury firms structure their car accident lawyer fees.
1. Case Complexity
- Severity of injuries
- Number of parties involved
- Disputed liability
- Required medical expertise
- Amount of evidence to be gathered and analyzed
2. Time and Resources Required
- Length of medical treatment
- Investigation needs
- Expert witness requirements
- Court filing and litigation expenses
- Duration of settlement negotiations
3. Geographic Location
- State-specific laws and regulations
- Local market rates for legal services
- Court jurisdictions
4. Case Resolution Method
- Early settlement
- Mediation or arbitration
- Trial proceedings
Why Hiring a Car Accident Lawyer is Worth the Cost
While higher auto accident attorney fees might seem daunting, cases involving serious injuries often benefit significantly from legal representation. Insurance companies typically offer much lower settlements to unrepresented clients, especially in cases with substantial damages.
Consider a survey conducted by Marindale-Nolo, which reported that 74% of car accident victims represented by lawyers received compensatory damages from the drivers responsible for their injuries.
Of the car accident victims surveyed who chose to forego legal representation, on the other hand, only 54% were compensated for their losses. In the same study, victims who hired car accident lawyers averaged $44,600 per case compared to the average settlement value of $13,900 for those who did not seek legal counsel.
The conclusion? Even after accounting for car accident lawyer fees, represented clients often secure higher net settlements than they would on their own, underscoring the importance of consulting with a knowledgeable car accident lawyer following a collision.
Call Today for a Free Consultation with a Car Accident Lawyer
Weatherby Law takes pride in representing car accident victims on a contingency basis because we understand that it is part of upholding our promise to maximize client compensation. With no upfront fees, our client-first approach to justice means you can prioritize your recovery over financial distress.
Car accident lawyers play a vital role in helping accident victims focus on their recovery by navigating the legal system and obtaining fair car accident settlements. Having a legal expert like Weatherby Law guide you through the claims process often results in optimal settlement offers, increasing your chances of recovering from your injuries and recapturing losses.
Have you been injured in a car accident?
At Weatherby Law, we would be honored to speak with you and learn more about the accident that caused your injury. We recognize that every case is unique, with its own set of challenges and nuances, so we fight compassionately to ensure fair settlements that capture both the economic and non-economic damages you’ve suffered.
Schedule a free consultation to discuss your case and learn about the fees associated with our services.