Published On: June 9, 2023
You suffered injuries in a car accident someone else caused, and you want to pursue financial compensation for your injuries and losses. Considering the complex challenges of successfully navigating a car accident claim, you stand a much better chance of getting favorable results quicker if you hire an experienced car accident attorney.
However, you may have reservations about contacting a car accident attorney because you don’t think you can afford one.
Luckily, most personal injury lawyers work on a contingency fee basis. This means you won’t pay anything upfront for them to represent you, and they will only receive a fee if they recover compensation for you.
Here’s how the process works and how an attorney can help you get the compensation you need. (For a detailed review of your case at no cost, contact an experienced car accident attorney for your free consultation.)
What Is a Contingency Fee?
A contingency fee is a payment arrangement some lawyers use, including personal injury lawyers who handle legal cases like car accidents. A contingency fee agreement makes the attorney’s fee contingent on the successful outcome of the case. This means that you will only pay the attorney if they secure a favorable settlement or win the case in court for you.
No Upfront Fees
Contingency fees work differently than other forms of lawyer payment. For example, some attorneys work on retainer. This means you pay them a set amount ($10,000, for instance) upfront, and the attorney will work your case and take their fee and costs from the retainer.
The attorney will then refund you the retainer if they don’t use it or ask for you to add to their retainer if their costs exceed the initial amount.
Other attorneys work on a flat hourly rate and will bill you periodically for the time they worked on your case, plus any ancillary fees and costs.
With a contingency fee, you do not have to pay the attorney any fees upfront. The attorney will cover the costs associated with handling the case, such as court filing fees, expert witness fees, and investigation expenses.
Payment Upon Successful Outcome
If the attorney successfully recovers compensation for you, either through a settlement or a court judgment, they will receive a percentage of the total amount as their fee. You agree to this percentage advance. The written contingency fee agreement typically outlines it.
No Payment if They Don’t Recover Compensation
If the attorney cannot secure a favorable outcome in your case, you will not owe them any fees. However, you must clarify any potential costs you might need to pay regardless of the outcome, such as case-related expenses.
Contingency fees make legal representation more accessible to individuals who might not have the financial means to pay for an attorney upfront. This fee structure aligns the attorney’s interests with their clients’ needs since they only receive payment if they obtain compensation for the client.
Why Do I Need a Car Accident Attorney?
After suffering serious injuries in a car accident, you can benefit from having an attorney assist you with filing an injury claim and pursuing compensation because of their:
- Legal knowledge. Car accident attorneys specialize in personal injury law and have a deep understanding of the legal principles and procedures involved in such cases. They can navigate the complex legal system for you and protect your rights.
- Knowledge of insurance laws. Attorneys who handle car accident cases know the challenging and frustrating insurance laws and how to negotiate with insurance companies so you receive fair compensation for your injuries, property damage, and other losses.
- Evaluation of your case. An experienced car accident attorney can assess your case, including the extent of your injuries, liability, and potential damages. They can provide an objective evaluation and advise you about the strength of your case, potential legal options, and the amount of compensation you may recover.
- Investigation and collecting evidence. Attorneys have the resources and expertise to conduct a thorough investigation into the accident. They can gather evidence such as accident reports, witness statements, medical records, and expert opinions to build a strong case for you.
- Negotiation and settlement. Car accident attorneys are skilled negotiators who can engage in settlement discussions with insurance companies or the opposing party’s legal representatives. They will work to secure a full settlement that adequately compensates you for your injuries and losses.
- Trial representation. If your attorney can’t reach a fair settlement with the insurance company, your lawyer can file suit against the insurer and represent you in court. They will prepare and present your case, advocate for your rights, and fight for the compensation you deserve.
One of the most important benefits an attorney can provide is peace of mind. Trying to obtain compensation after a car accident can produce stress, especially if you must deal with injuries and financial losses. An attorney can alleviate some of that burden by handling the legal aspects of your case, allowing you to focus on your recovery.
Each case is unique, so consult a car accident attorney to evaluate your situation and determine the best course of action.
What Questions Should I Ask a Car Accident Attorney About the Contingency Fee Agreement?
Lawyers agree to work on contingency on cases they feel they can successfully handle—whether through negotiating a favorable settlement or winning a case at trial. Personal injury attorneys typically don’t like to work for free, so they usually only accept strong cases.
During your initial consultation with your attorney, your lawyer will assess the strengths of your case and inform you of your chances of obtaining compensation.
If they agree to take your case, you should ask your lawyer several important questions during the consultation, including:
- What is the value of my case?
- What expenses do you think you will incur from working on my case?
- What percentage of compensation will you receive if you win my case or get compensation for me?
- Does your percentage increase if you have to take my case to trial?
- What expenses will I need to pay before my case resolves? For instance, will I have to pay court fees, report fees, and other costs out of pocket?
- Will I still have to pay for your services if you do not recover compensation for me?
- What happens if I choose to work with a different lawyer during my case? Will I have to pay you for the time you worked on the case up to that point?
You should get all agreements in writing and have all aspects of the lawyer’s contingency fee arrangement listed in the contract before you sign it. If the attorney doesn’t want to answer your questions or clearly explain how they expect you to pay them, consider that a red flag and look for a lawyer elsewhere.
How Do I Choose the Right Car Accident Attorney for Me?
You have a lot to consider when choosing a personal injury lawyer to represent you with your car accident injury claim. Just as you need to ask your prospective attorney important questions regarding their fee system and how they will receive payment, you also want to properly vet your attorney to ensure they are the best choice for your case.
Some factors to consider when selecting a car accident attorney:
- Experience, skills, and knowledge. Look for an attorney with extensive experience in personal injury law and specific experience in handling car accident cases. Consider their years of practice, track record of success, and their knowledge of local laws and regulations. Also, assess their experience with trials versus settlement negotiations. Some attorneys do not like to take cases to court and may accept lower settlements from the insurance company to avoid trial.
- Reputation and references. Research the attorney’s reputation in the legal community and among past clients. Read online reviews and testimonials, and ask your lawyer for references from previous clients who can provide insights into their experience working with the attorney.
- Resources and team. Consider the resources available to the attorney and their law firm. A strong team of legal professionals, investigators, and support staff can properly prepare and effectively handle your case.
- Communication and accessibility. You need good communication with your attorney throughout the process. Evaluate how responsive they are to your inquiries, whether they take the time to understand your concerns, and if they explain complex legal concepts in a way that you can understand.
- Personal rapport. Trust your instincts and consider whether you have a good rapport with the attorney. You should feel comfortable sharing details of your case and confident that they will advocate for your best interests.
- Local knowledge. If your car accident occurred in a specific area, you want to hire an attorney who knows the local courts, judges, and procedures. They may have insights and relationships that can help your case.
You may consult multiple attorneys to compare their qualifications, experience, and approach. This will help you make an informed decision and choose the attorney who best fits your specific needs and circumstances.
Contact an Experienced Car Accident Lawyer Today
You need an attorney to help you with your car accident injury claim, and since most car accident attorneys work on contingency, you won’t have to worry about paying high costs upfront. Just contact a local attorney who you believe will do the best job and help you get the financial compensation you deserve. Contact a personal injury law firm in New Port Richey today for a free consultation regarding your options.