Most personal injury lawyers offer legal representation on a contingency fee basis, receiving a percentage of your settlement as compensation. The percentage can vary greatly between attorneys and cases, but it is generally about 33 to 40 percent, according to the American Bar Association.
The best way to understand what percentage a lawyer will take for your personal injury cases is with a consultation. Most personal injury law firms also offer these at no cost or obligation, so you can learn about their attorneys and they can learn about your case.
What You Should Know About the Benefits of a Contingency Fee Agreement
No one should go without legal service when resolving an injury claim for an accident that was not their fault. A personal injury attorney who accepts your case on contingency will:
- Not require any fees to get started
- Not request a hefty retainer
- Not charge traditional hourly fees
This fee structure benefits you because you can get started immediately with no out-of-pocket costs. It can also mean you avoid a lengthy wait to hire a lawyer, which could impact their ability to comply with the appropriate statute of limitations.
Costs and Fees Covered by a Contingency Fee Agreement
To understand the significant benefits of contingency representation, you should know all the legal costs and fees it generally allows you to avoid paying out of pocket, including:
- Sizeable retainers
- Traditional hourly fees that add up quickly
- Any fees charged by the court to file your personal injury lawsuit
- Expert witness fees
- Costs associated with deposition sessions
- Researching and obtaining records and reports
- Documentation, stamps, and all correspondence costs
Another great benefit of a contingency fee arrangement is its indication of the lawyer’s confidence in your case. If you do not recover damages, the lawyer will not charge you any legal or attorney’s fees.
Hiring a Personal Injury Lawyer Versus Representing Yourself
You are not required to hire an attorney to represent you, but doing so can greatly benefit your case. A primary benefit is allowing you to focus on your physical and emotional recovery without losing valuable time. If you represent yourself, you must:
- Deal with the insurance company and adjuster
- Build a comprehensive evidence collection
- Read and respond to all forms of communication
- Assess and document your recoverable damages
- Respond to all requests for evidence and information
- Handle the entire negotiation process alone
If you hire a lawyer, they will handle the entire legal process for you. They can also bring a pool of team members and resources to your case. They are familiar with the laws of your state and offer you peace of mind in knowing your case meets all required legal parameters.
A Personal Injury Lawyer Can Help You Prove the Legal Elements of Negligence
Your right to personal injury compensation depends on proving the liable party’s negligence caused your accident and resulting injuries. In addition to all the tasks above, you must prove negligence on your own if you do not hire a lawyer.
The required elements of negligence include:
- Duty of care: The responsible party’s legal obligation to avoid harming others through carelessness or recklessness
- Breach of duty: Actions that breach the legal duty and responsibility to avoid harming others
- Causation: The established link between the at-fault party’s actions and your accident
- Damages: The economic and non-economic expenses and losses you incur due to the negligent party’s actions
Proving these elements means building a comprehensive evidence collection. Your personal injury lawyer can help you understand the importance of each element of negligence and the type of evidence each requires.
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What You Should Know About Personal Injury Compensation
You can recover multiple types of damages with a personal injury claim. Assessing your recoverable damages can be a complex process. A personal injury attorney can help you avoid missing out on hidden damages you could easily overlook.
Your lawyer can help you seek fair compensation for:
- Medical bills: Past and future medical treatment costs, assistive medical devices, treatment-related travel, medications, ambulance fees, etc.
- Loss of income: Past and future lost wages, including full and part-time income, hard-to-prove sources of income, and lost earning ability
- Property damage: Property repair, replacement, and the diminished resale value of repaired property
You can also seek non-economic damages that can be difficult to document without legal assistance, including:
- Lasting disfigurement or disability
- Ongoing physical pain and suffering
- Ongoing mental and emotional distress
- Loss of enjoyment of life
Your lawyer will establish these intangible losses and asses their monetary value. A wrongful death lawyer can also request wrongful death damages for surviving families.
Your Lawyer Can File Your Lawsuit Within the Allotted Time
North Carolina law limits the time you have to file a lawsuit after a negligence-based accident. You generally have:
- Three years to comply with the personal injury statute of limitations, per G.S. § 1-52
- Two years to comply with the wrongful death statute of limitations, per G.S. § 1-53
Failure to meet the applicable filing deadline could mean the court will not allow you to file your lawsuit. The insurance company may also refuse to negotiate a settlement. Your lawyer can help you avoid these costly outcomes.
Learn More About the Benefits of Our Law Firm’s Client-Friendly Fee Structure
If you or someone you love was injured in a recent accident, our lawyers can help you seek compensation from the at-fault person or entity. Before hiring our lawyers, you should know what percentage lawyers take for personal injury cases.
Learn more about your right to financial recovery and the contingency fee percentage we charge by contacting our consultation team at Farmer & Morris Law, PLLC today.