A contingency fee agreement is common in personal injury cases. In this context, it’s how plaintiff’s attorneys are paid for their legal services. Payment for legal services is only required if the attorney successfully recovers compensation. Injured victims are often in dire financial straits, with no ready way of paying for legal fees.
A contingent fee arrangement allows the plaintiff access to legal advice and courtroom representation, the services of expert witnesses who can testify on their behalf and support their claim, and comprehensive case-building and settlement negotiation support.
Our Independence, Missouri personal injury lawyers, like many of those in the greater Independence area, work on a contingent fee basis, as per American Bar Association guidelines.
How does a contingency fee work?
Personal injury lawyers with a contingent basis attorney fee structure must follow the American Bar Association’s (ABA) Model Rules of Professional Conduct when doing so. Under ABA rule 1.5, instead of charging attorneys’ fees on an hourly fee basis, the law firm pays the upfront costs of litigating the claim up front, then is paid a percentage of the final award. Usually, this is calculated on a sliding scale, depending on how complex the case is and how much time and resources it will take. However, the ABA sets strict limits on how much lawyers can charge.
Most personal injury lawyers charge between 33% and 40%, depending on the case. This usually offers the lawyers time, firm resources (such as investigators and legal researchers), and court filing fees. Some firms may bill separately for expert witnesses, while others include these expenses in the overall percentage.
Read your contract carefully, so you know what you’ll be responsible for paying and how much of your settlement you’ll recieve.
Ethical considerations for contingency-based legal fees
All licensed attorneys in the U.S. are ethically required to follow specific rules of professional conduct. Per ABA Model Rule 1.5, professional conduct for assessing legal fees requires contingency fees to be fair, in the client’s best interest, and presented in a written agreement, which is explained to the client.
Ask your lawyer about the specifics of the contingency fee, what’s included and what will be billed separately, and whether you’ll have to pay anything up front, or pay for certain services to litigate the claim, like expert witness fees or mediation fees.
If the case is unsuccessful, clients typically don’t owe attorney fees, but they may still be responsible for court costs or expert witness expenses.
Is a contingency fee payment arrangement right for you? We can help.
If you’ve been hurt in an accident you didn’t cause, you have the right to demand compensation from the party that caused it, and we can help you get it. Our firm charges a fair contingency fee for people who have been hurt in a car crash, a workplace accident, through medical malpractice, or who have slipped and fallen in the local grocery store.
When your medical bills are piling up and you can’t get a fair shake from the at-fault party’s insurance company, our contingency fees for legal services provide you with access to our high-quality legal services, extensive resources, and tenacious dedication to your rights.
We offer a complimentary case review, during which we assess its strength, explain how our contingency fee works, and outline what you can expect the next steps to look like. Avoid facing insurance companies alone. Get the legal help you need today by calling Langdon & Emison at (866) 931-2115.