After a car crash, most people are concerned about medical bills, vehicle repairs, and time away from work. But another question often comes up quickly: How much does it cost to hire a car accident attorney?
Many accident victims avoid calling a lawyer because they assume the cost will be too high. Some imagine huge legal bills, hourly fees, or expensive upfront fees.
In reality, most car accident lawyers get paid very differently from what many people expect. In many personal injury cases, clients can begin working with a lawyer without paying anything upfront.
Goldman Daszkal and Stallone, P.A., focuses on auto accident and personal injury cases. The firm regularly helps accident victims understand how attorney fees work and what they can expect before starting a case.
Understanding the true cost of hiring a lawyer helps people make informed decisions about their legal options. Below is a simple breakdown of how car accident lawyer fees typically work and what you can expect if you choose to hire a car accident lawyer after being involved in a car crash.
How Car Accident Lawyers Get Paid
Many people assume that when they hire an attorney, they have to pay high hourly legal fees. In personal injury law, however, most car accident lawyers work on a contingency fee basis.
Under this system, the lawyer only gets paid if the client wins the case or reaches a settlement.
This fee arrangement is particularly helpful to accident victims who cannot afford to pay legal fees up front. According to the American Bar Association, contingency fees are commonly used in personal injury cases because they help clients get legal representation without having to pay the hourly costs up front.
The arrangement also aligns the lawyer’s interests with the client’s outcome because the attorney is only paid if the case results in a settlement or court award.
Because of this contingency model, clients generally will not need to pay any upfront fees to begin a case. This is one of the reasons why a lot of accident victims are able to hire a personal injury lawyer after they are injured in a car accident.
Typical Contingency Fee Percentages
One of the most common questions that accident victims have is what percentage a lawyer gets out of the settlement.
Most car accident lawyers charge contingency fees within a similar range.
Typical contingency fee percentages include:
- 33% of the settlement if the case is settled before a lawsuit is filed
- 35-40% if the case goes into litigation
- A somewhat higher percentage if the case is taken to trial
For example, if the case is settled for $90,000, and the contingency fee is 33 1\3%, the attorney’s fee would be $30k.
The remaining amount goes to the client after legal fees and case expenses are deducted.
What is Included in Car Accident Lawyer Fees?
While contingency fees cover the attorney’s payment, other case expenses may arise when building a car accident claim.
Most personal injury law firms advance these costs during the preparation of the case. They are then reimbursed from the settlement when the case is resolved.
Common case expenses may include:
- Obtaining medical records
- Police reports and accident documentation
- Court filing fees
- Accident reconstruction analysis
- Expert witness testimony
- Depositions and other legal documentation
- Investigators collecting evidence
By advancing these costs, law firms enable accident victims to pursue claims without having to worry about the immediate legal costs.
During the initial consultation, clients should ask how these expenses are taken care of and how they will be deducted from the settlement.
Factors That Affect the Cost of Hiring a Car Accident Lawyer
Although the structure of contingency fees is fairly standard, there are other factors that can affect the overall cost of a car accident case.
Some cases involving serious injuries require more investigation and documentation.This could include expert medical testimony or long-term damage evaluations.
Some accidents involve more legal work than others. For example:
- Multi-vehicle collisions
- Disputed liability
- Auto accidents involving commercial vehicles
These situations often require deeper investigations and more evidence.
Many car accident claims are settled out of court. However, if negotiation fails, the case may move forward as a car accident lawsuit.
Trial preparation might include:
- Depositions
- Expert witnesses
- Accident reconstruction
- Court appearances
Because of the additional work involved, contingency percentages may be increased if the case goes to trial.
Do Some Lawyers Charge Hourly or Flat Fees?
Although the contingency fee structure is mostly used in personal injury law, some lawyers may use different types of billing depending on the situation.
Some lawyers work on an hourly basis, in which they charge the client for each hour of legal work done. Hourly billing is common in areas such as business law or contract disputes, but not necessarily for car accident claims.
In limited situations, lawyers charge a flat fee for particular legal services such as:
- Reviewing settlement agreements
- Writing legal demand letters
- Providing legal consultations
However, most car accident attorneys prefer contingency fee arrangements because they allow accident victims to pursue claims without paying large legal fees upfront.
Why Hiring a Lawyer Can Increase Your Compensation
Some accident victims are reluctant to seek the assistance of a lawyer because they are concerned about sharing a portion of their settlement. However, in many cases, legal representation is what increases the chances of recovering fair compensation.
Insurance companies often try to pay out as little money as possible on a vehicle crash. Without legal advice, victims of an accident can accept settlements that don’t cover all their medical bills, lost wages, and long-term care needs.
A personal injury lawyer can help by:
- Investigating the accident
- Collecting evidence and documentation
- Working with experts in accident reconstruction
- Negotiating with insurance companies
- Filing a car accident lawsuit, if necessary
Experienced attorneys know how to assess damages and seek the full amount of compensation that accident victims may be entitled to receive.
Questions to Ask During a Consultation With a Car Accident Attorney
If you are looking for a lawyer after a crash, it is important to know what the fee structure is before signing a representation agreement with them.
During an initial consultation, consider asking questions such as:
- What percentage of the settlement will the lawyer receive?
- How are case expenses handled?
- Will the fee change if the case goes to trial?
- Are there any costs if the case is unsuccessful?
- How long might the claim take to resolve?
Most personal injury law firms provide free consultations, which give accident victims the opportunity to discuss their situation, as well as learn about their legal options, without any financial pressure.
Making the Right Decision After a Car Accident
Understanding the cost of a car accident attorney makes it easier to decide whether hiring a lawyer is the right thing to do after a crash.
In most cases, accident victims don’t pay upfront legal fees. Instead, the attorney is paid a percentage of the final settlement or court award, assuming the case is successful.
For people who are recovering from injuries after a serious accident, it can be overwhelming to deal with insurance claims and the legal proceedings. Having an experienced legal advocate can help to protect your rights and ensure that your claim is handled properly.
The attorneys at Goldman Daszkal & Stallone, P.A. help accident victims evaluate their cases, explain legal fee structures simply, and seek compensation for injuries, medical care expenses, and other damages.
If you or a loved one has been injured in a car accident, speaking with an experienced legal team can help you understand your legal options and the true cost of hiring a car accident attorney.
