Can I Afford a Personal Injury Lawyer?

personal injury attorney

Written by Jeremy D. Earle, JD

July 15, 2021

Most accident victims are concerned about their financial ability to engage a personal injury attorney. You may be shocked that payments are often set up so that the injured party can get the medical care she needs and have her legal rights upheld without having to pay anything upfront.

Attorneys specializing in personal injury lawyers often work on a contingency fee basis. What you’re paying for is a “contingency” cost.

The attorney’s fee is only paid if the injured client’s claim for compensation is successful. It is common for attorneys to charge a percentage of the amount of money they collect on behalf of their clients.

In certain cases, fees are higher than in others. This is because the conventional contingency fee structure recognizes circumstances when an attorney depends on his or her experience and is required to devote more time to a case.

There are various methods to pay an attorney’s fees, but once a person’s legal rights have been violated, it’s impossible to reclaim them.

Don’t let the fear of hiring an attorney cause you to give up your legal rights. If you or a loved one has been injured in a personal accident, contact a personal injury attorney at Warrior Injury Law as soon as possible.

How Do Personal Injury Lawyers Get Paid?

Most personal injury lawyers do not expect their clients to pay their legal expenses. This kind of litigation will most likely be compensated by a contingency fee arrangement, in which the lawyer will get a percentage of the overall settlement.

This increases the lawyer’s motivation to get her client the maximum amount of compensation feasible. As a result, a client can participate in the attorney’s risk. The attorney will not be paid if there is no settlement or the case goes to trial and the judge rules in favor of the client.

Contingency Fees Explained

Litigation and court expenses apply to contingent fee agreements as well. Costs such as filing a lawsuit, hiring an expert witness, and reproducing medical data are examples of these kinds of charges.

You need to know if your attorney’s contingency fee will be withheld from the ultimate settlement amount before or after such expenditures are considered.

Medical liens are another possibility that might affect a settlement. Even though many providers take private health insurance, others will protect their payment by establishing a lien on any personal injury settlement given to the victim.

Before the settlement money may be given to the injured party, the lawyer must pay off the lien.

Make sure you understand how your attorney and medical providers will be paid, what claims against your settlement are, and if any other financial concerns need to be handled before you accept your payment.

Contracts for Hourly Fees

A personal injury lawyer sometimes prefers an hourly fee arrangement, although this is rare. An attorney’s fee is predetermined in this instance. An attorney retainer fee is paid, and a contract is signed by the client, who agrees to the fee in advance. The lawyer will issue a detailed invoice to the client detailing the time devoted to the case.

As the attorney works through the deposit, it is transferred from the client’s trust account. In cases when the client’s funds are depleted, the attorney either demands a new deposit or sends the client a monthly charge.

Criminal defense and family law proceedings often make use of hourly fee agreements. Contingency fee agreements are much more common in personal injury cases, where these agreements are significantly more often than not.

How to Calculate an Hourly Fair Rate

Attorneys who prefer to bill their clients on an hourly basis must do so at a rate that is both fair and competitive. The state bar may penalize attorneys who don’t comply with their ethical responsibilities.

The Colorado Rules of Professional Conduct outline many considerations for a court or ethics committee to examine when determining whether a charge is “fair.” These are some examples:

Legal services are expensive because of the time and effort it takes to complete and their novelty, complexity, and difficulty.

There is a high probability that the lawyer’s acceptance of this specific job will restrict him or her from taking on other work;

For legal services of a comparable or similar type, the standard rate of fee in the area

 The importance or magnitude of the representation’s subject matter, the degree of responsibility attached to it, and the outcomes produced;

 The client’s or circumstances’ time constraints, as well as any extra or unusual time demands or requests made by the client of the attorney;

How long have you had a connection with the customer professionally?

 The skill, competence, or efficiency of effort reflected in the actual provision of such services, as well as the experience, reputation, diligence, and ability of the lawyer or attorneys doing the service; and

It’s important to know whether the client’s capacity to pay the fee depends on the result of the representation or if it’s set at a certain sum or rate. Contingency fees might be greater than hourly or fixed fees since the lawyer risks not being paid if there is no cash reward.

Before agreeing to pay an attorney’s hourly cost, study these problems. Comparing prices with different area lawyers is something you may want to think about doing.

An hourly charge or a contingent fee arrangement should be carefully considered. Get an idea of how long the attorney expects to spend on a project (such as negotiating with the insurance company, drafting a complaint in case a lawsuit must be filed, etc.).

What are Colorado’s injury compensation guidelines?

The Colorado Bar Rules of Professional Conduct govern all contingency fee agreements in the state. To comply with the requirements, customers must sign formal contracts outlining the particular percentages of fees involved.

If the wounded client has read and signed an acknowledgement of their Client’s Rights, the agreement must also state that the client may “negotiate over the rate or percentage” of the price, just as they would in any contract for services.

Contracts for contingent fees must include a termination provision. So, if a client cancels the contingency arrangement within three business days, the document must state that they are not responsible for any legal costs. In any case, they are still obligated to pay back whatever expenditures the lawyer paid for them.

There is a standard fee structure for Colorado personal injury contingency cases, and a judge must approve any arrangement that includes additional costs. The guidelines recommend the following pricing schedule:

An additional fee may be if the opposing side’s lawyer has not yet submitted a response to their client’s claim.

  • For settlements up to $1 million, 33 1/3 per cent of the total.
  • 30% of the settlement between $1 million and $2 million;
  • 20% of the settlement amount over $2,000,000.

When the opposing party files a response to their client’s case, replies with an arbitration or settlement request, or the time to reply to their client’s complaint expires, a personal injury attorney may charge a higher fee. This is what the lawyer may charge at this point:

  • Up to $1 million in damages, 40% of the total
  • Damages between $1,000,000 and $200,000 are covered at 30%.
  • 20% of the damages over 2 million dollars.

If the opposing party concedes guilt and the court simply conducts a trial to establish the number of damages, the contingency fee structure also changes. If this occurs, the lawyer may charge 33.33% of the damages up to $1 million, 20.0% between $1 million and $2 million, and 15.0% of the damages beyond $2 million.

After an appeal or other post-judgment action, an injured person’s lawyers may additionally obtain an extra 5% in fees.

Lawsuits involving Medical Malpractice

The Colorado Constitution establishes rules for medical malpractice contingency fees. Injured people’s “right to fair recompense” is outlined in this document.

Over and beyond the constitutionally mandated sums, attorneys may collect whatever “reasonable and usual” expenditures they incur on behalf of their clients.

  • 30 per cent of all damages up to $250,000 (plus costs)
  • 10 per cent of any damages exceeding $250,000 for a medical liability claim (plus expenses)

A wounded client might authorize their lawyer to take a bigger share of their medical liability damages if they want. Clients must sign fee increase agreements to be binding.

Some lawyers practice law. Pay All of Your Bills Up Front

Getting a case ready for negotiation, mediation, or trial may come with a slew of fees for attorneys. Ultimately, the client is accountable for these fees. However, some lawyers may accept payment in advance for their services.

Ten common costs are associated with conducting an investigation, negotiating a settlement, or bringing a lawsuit.
  1. Legal expenses and court costs
  2. Preparation of trial exhibits
  3. Product fault analysis by industry experts is expensive.
  4. Experts in the field of vehicle accident reconstruction
  5. Medical checks by independent doctors
  6. a physician’s narrative account of the events
  7. Experts in the field of economics are needed to forecast future costs
  8. Deposition fees for a court reporter
  9. The expense of video depositions

Traditional contingency agreements require lawyers to convey to their clients the possible expenses. Legal firms are very uncommon to pay their expenses up in advance and deduct them from the eventual settlement. Other law firms will not continue with a case unless the plaintiff pays all required charges and expenditures upfront or in full.

Contingency fee schedules reflect the professional service provided by the attorney.

In the case of contingency fees, the Colorado Bar did not use arbitrary rules to determine them. Because personal injury lawyers devote so much time and effort to their clients, the fee structure acknowledges this and provides compensation accordingly.

No two personal injury lawsuits are identical. Product responsibility is more difficult to prove than a two-car collision. A lot of work must be done before any case is ready for settlement or trial.

Because of this, the price structure for contingency cases reflects the knowledge, experience, and competence required to successfully prepare a case.

When an attorney represents a victim in court, they can’t afford to do anything less than their best. However much the lawyer wants to settle out of court, they must prepare their case as though it would be heard there one day.

An attorney must be well-versed in the facts and the legal concerns. They must demonstrate how and why each defendant is legally accountable for their client’s damages and acknowledge the role each defendant had in triggering an injury-producing occurrence.

During the first several months after an injury, a significant portion of the work necessary to build a case takes place. This is when a personal injury lawyer steps in to assess whether or not a client has a viable claim and what recourse they have.

When a case is in progress, it’s not often just the attorney who puts in the time and effort. It is common for a lawyer to rely on paralegals, secretaries, law clerks, detectives, or other hired employees. All of these expenses must be covered by the contingency fee.

To earn a contingency fee, how does an attorney work?

When clients sign a contingency agreement, they have access to a personal injury lawyer and all of the resources and experience of their legal company.

Personal injury attorneys are well-versed in determining fault and navigating the legal system. Their expertise and dedication work tirelessly to secure their clients the greatest possible settlement.

Auto accidents, premises liability events, product liability injuries, workers’ compensation claims, and other injury matters are all handled by personal injury lawyers in the United States. As part of the services they provide before receiving a contingency fee payment, they frequently include:

  • Conducting an investigation. An attorney or a professional investigator obtains witness testimonies, site images and schematics, police records, and more. They use all available information and evidence to figure out what occurred, why it happened, and who is responsible for it. –
  • Determining the guilt of the other parties. The attorney studies legislation, legal norms, case law, and more to create a reasonable judgement of the guilt and comparative blame of everyone involved. The lawyer’s legal study helps them evaluate each party’s guilt and make a strong case for successful damage recovery.
  • Analyzing the damages. Medical bills and costs, hospital records, doctor’s reports, rehabilitation reports, narrative medical reports, and expert opinions are all reviewed by an attorney. They discuss the client’s discomfort, the healing process, and restrictions with their legal counsel. To establish the real worth of a case, the attorney looks at previous cases, verdicts, settlements, and economic estimates.
  • Reaching a compromise. At this point, the attorney delivers the client’s requests to all other parties involved in a settlement. In most cases, the attorney works directly with a liability insurance provider and seeks to settle the issue out of court if feasible. There is no guarantee that negotiations will lead to an agreement.
  • Taking legal action. Injured plaintiffs may find the legal procedure to be tiring and frustrating. To avoid this, a personal injury lawyer makes every attempt to settle the case before it expires. Lawsuits must be filed if the defendants refuse to pay a fair sum to safeguard the harmed client’s entitlement to compensation. The fact that a lawsuit has been filed demonstrates to the defendants that the injured party and their lawyer are serious about pursuing a negligence claim.
  • As an option, the matter might be taken to mediation. Colorado courts mandate a mediation session as a first step in resolving a dispute. With mediation, there is no need for a costly court case. All parties, insurance companies, and lawyers must convene in a neutral venue to discuss the matter as part of the procedure. Negotiations benefit from the assistance of a third-party mediator. To establish an agreement, the parties exchange information and work together.
  • Getting the case solved. The case will be tried in court if the parties cannot agree via negotiation or mediation. In a bench trial, the evidence is presented to the judge, and he or she decides the outcome. In a jury trial, the judge presides over the proceedings, and the jury chooses the result.
  • Putting papers to use. Closed papers are sent between lawyers after a settlement or a court ruling. The personal injury attorney must accept the settlement cheque and disburse the monies to the plaintiff.
How Do Contingency Fees Help?

If you hire a lawyer, you should expect to pay between $100 and $500 per hour for his or her services. Many wounded people would be unable to get compensation for their losses if forced to pay personal injury lawyers hourly. The basis for their legal services. Negligent individuals and organisations can walk away from a situation without repercussions.

The History of Contingency and the Contingency of History,claims that lawyers started accepting contingency fees a few hundred years ago in an extract.

Contingency fee arrangements for poorer people in the courts of 18th-century England didn’t sit well with some of the country’s “well situated” citizens, according to historical records. The practice was seen as a pestilence by them.

Contingency fee legal counsel, on the other hand, was seen positively in Colonial America. They felt that everyone should have access to a lawyer.

According to some critics today, access to legal assistance on a contingency fee basis will lead to a flood of litigation.

Colorado Springs injury lawyer aggressively defends the rights of its clients.

If you’ve been injured in a car accident, workplace accident, or due to medical negligence, you need a personal injury lawyer who will fight for your right to compensation.

Injury victims in and around Colorado Springs, CO, may rely on Warrior Injury Law’s 46 years of expertise in preserving their rights. To book a free consultation with a personal injury attorney, call 719-300-1100 or email us online.

Southern Colorado injury victims rely on our legal expertise and exceptional customer service to get them the justice they deserve.

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