How to Discuss Fees with Your Personal Injury Lawyer
— Talking legal fees with your injury lawyer doesn't have to be stressful. Learn how to approach contingency fee agreements and expenses with clarity and confidence.
Discussing lawyer fees with your personal injury lawyer is nerve-wracking, almost as if you are standing in a courtroom. Honestly, however, you have no reason to make it as difficult. If you approach with a good attitude and a little understanding, you will feel much more relaxed discussing money with your lawyer.
Understanding contingency fee agreements and legal expenses is crucial to avoiding unpleasant surprises down the road. These suggestions will make this often uncomfortable discussion much simpler.
Description of Fee Structure
First, you will want to determine what your injury lawyer charges for their services. Most work on a contingency fee basis, a system where they will only receive payment if you win your case and are given a settlement or verdict.
This fee is typically a percentage of what one recovers, often 25% to 40%. Attorneys may have varying percentages and sliding scales based on the scope or complexity of a case.
You should also ask for a listing of any additional expenses that may occur - consider fees for filings, legal research services, and obtaining medical records and evidence. Having all this information beforehand will save you from any unexpected financial drains as your case progresses.
Negotiation of Contingency Fee
If you are negotiating a contingency fee, your best move is to be well-researched for the session. You should look up average charges for a case involving a personal injury within your area and know a figure beforehand.
An open discussion can often result in compromise options, such as adjusting the percentage or limiting total fees. Flexibility is a two-lane street, however, and a gesture on your part toward recognizing value brought to the table by your personal injury lawyer will also get you a better attitude on their part toward compromise without undervaluing their contribution.
Open Up About Your Financial Life
Being transparent with your finances can provide a window into greater sympathetic legal assistance. If you are financially stressed, let your attorney know—this does not mean low-quality work for your case, but explaining alternative options that fit your financial means. Attorneys will sometimes provide payment on a step payment plan or defer payment for part of the costs after a settlement has been reached.
In some cases, attorneys will agree to scale back on their package of services, reducing ancillary services, which will decrease fees but not at the expense of the essential pursuit of justice. Such expansiveness instills confidence and sets a partnership attitude, increasing the likelihood that each party is at ease with the ultimate agreement.
Get a Written Fee Agreement
“Getting all the fee information in a written agreement is important,” says attorney Russell Berkowitz of Berkowitz Hanna Malpractice & Injury Lawyers.
The agreement must specifically state what the percentage contingency fee is, any additional fees that may arise, and what happens if your case does not result in any recovery. Getting all this information in writing keeps you and your attorney on the same page and avoids any misunderstandings regarding fees.
Choosing a Lawyer
When choosing an injury lawyer, it may seem expedient to only consider the costs involved or feel like you want to go with the cheapest option. But you ought to seriously consider some other pretty significant things, such as their experience and their win record, and if they specialize in the kind of injury case you have, it can make all the difference. Also, take note of how they talk and if it's what you need for your case and for obtaining information.
Yes, a better quality lawyer may cost you a little more upfront, but they tend to get you more compensation or better handle complicated legal problems.
