Personal Injury Litigation

Lawyers & Legal Fees

Is a Lawyer Necessary?

Whether a lawyer is necessary depends on the nature and seriousness of the problem and whether legal representation is affordable. Attorneys may meet with a potential client to discuss the case at no cost. An initial consultation focuses on the various factors related to the feasibility of legal representation that may otherwise be difficult for an individual to weigh properly without significant knowledge of the law. Legal representation in injury cases is commonly available on a contingent fee basis that does not require an up-front payment of attorney fees by the client.

Settling an Injury Claim Directly with the Insurance Company

Insurance companies may insist that a lawyer is not needed to settle an injury case. The real question is whether the case can be settled on a fair basis without legal representation. Like an employee of any other business, an insurance adjuster tries very hard to save money for the insurance company by keeping insurance payments to a minimum. An experienced lawyer may be in a position to obtain a settlement of significantly greater value than that offered by the insurer, even after the attorney's fee is taken into account. Be sure to consult with a lawyer before settling with an insurance company on your own.

Choosing the Right Lawyer

A lawyer with great expertise in one area of the law may have little knowledge or experience in a different area. It is important that the lawyer have training, experience and a demonstrable track record relating to the specific legal matter at hand. The prospective client should feel personally comfortable with the attorney and be confident that there will be an adequate and accurate line of communication.

Three Types of Attorney Fees

The three basic types of attorney fees are fixed, hourly and contingent. It is best to make sure that any fee agreement is clearly and plainly set forth in writing.

A fixed fee for a particular legal task may be agreed upon between the attorney and client. Fixed fees are most common in the defense of criminal cases where the amount and type of work is predictable by the attorney and the client is more comfortable with knowing that the fees will not, under ordinary circumstances, exceed the fixed amount.

Hourly fees are commonly available in almost any type of legal matter. Hourly rates vary depending on the factors mentioned above. The client is ordinarily asked to pay a certain amount into the the attorney's trust account, from which the attorney may make withdrawals for time and case costs. The attorney should provide periodic itemized bills to the client. The client may be called upon to deposit additional amounts should the trust balance become depleted. On the other hand, any unearned balance at the end of the case, subject to deductions for case costs, will be refunded to the client.

A contingent fee is one where the lawyer gets paid only if he or she collects money for the client. If the lawyer is successful, a percentage of the settlement will go to the lawyer as a fee. Contingent fee agreements are most common in injury cases. A contingent fee may be a welcome option to a person who would have difficulty paying in advance for legal representation. Contingent fees allow access to legal representation and to the courts for those who have been wronged and have a right to a legal remedy but do not have the necessary and often significant funds to protect and assert their rights.

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