Do you need a Seattle personal injury attorney for a personal injury case, but you don’t have the money to pay a retainer fee? Don’t let that prevent you from calling an attorney for help. With a contingency fee agreement, you can hire a personal injury lawyer without paying any money upfront.
What Is a Contingency Fee?
Generally, attorneys charge hourly fees for legal services. In limited situations, an attorney may charge a flat rate for services. Most personal injury lawyers use a contingency fee or contingency fee arrangement.
A contingency fee is based on the amount the attorney recovers for your injury claim. The attorney agrees to take your case for a percentage of the amount they recover for your claim. You do not pay anything upfront when you hire a personal injury lawyer.
Instead, the fees are deducted from the personal injury settlement or jury verdict. The amount deducted to pay the attorney is usually agreed upon when you hire them and is formally outlined in writing (a contingency fee agreement signed by the attorney and the client).
Why Use Contingency Fees for Personal Injury Cases in Washington State?
A contingent fee benefits you and the attorney. Accident victims need quality legal representation because, typically, injured victims receive more money when represented by an attorney.
Furthermore, insurance companies have endless resources to fight claims, which puts you at a disadvantage if you take them on alone. A contingency fee enables clients to access the help they need, regardless of their financial situation.
With a contingency fee, the lawyer only gets paid if you get paid. Therefore, you can be assured that your attorney will dedicate sufficient resources and time to your case because their payment is dependent upon your recovery. The more they recover for your claim, the more they receive for their fees.
What Are the Requirements for a Contingency Fee Agreement?
Washington State Court Rules of Professional Conduct state that attorneys may not charge an unreasonable amount for fees and expenses.
The other requirements for contingency fee agreements in Washington include:
- The contingency agreement must be in writing and signed by the client.
- The agreement must explain the method used to determine the fee, including the percentages that apply if the case is settled or goes to trial.
- The agreement must clearly state other expenses to be deducted from the recovery and, if any, costs that the client must pay regardless of the outcome of the case.
- When the matter is resolved, the attorney must provide the client with a written statement that describes the outcome and how the contingency fee was calculated.
In addition to other requirements in the court’s rules, attorneys may not charge contingency fees in criminal cases. They also may not use a fee agreement in domestic relations cases where payment (or the amount) is contingent on obtaining an annulment, divorce, or a specific amount of support or property division.
How Much Is a Contingency Fee for a Personal Injury Case in Washington?
Various factors can affect how much an attorney charges for a contingency fee, including:
- The complexity of the case
- The attorney’s experience, skills, and track record
- The risk for the attorney and the amount of work anticipated for the case
- The average contingency fee in the geographic area
- Whether the case is settled before or after filing a lawsuit and/or going to trial
Contingency fees typically range from 25% to 40% for personal injury cases, but the average is usually around 33% of the recovery.
Who Pays Expenses for the Case?
A contingency fee only compensates the lawyer for their services. It does not include the expenses related to the case.
Case expenses include, but are not limited to:
- Fees for expert witnesses
- Deposition costs
- Fees for accident reports, medical records, and other documents
- Postage and copy costs
- Court filing fees
- Travel expenses
- Costs of trial preparation
Before signing a contingency fee agreement, make sure you understand the terms and have all your questions answered. For example, you should clarify what costs you are responsible for paying if you do not receive a recovery. These expenses should be clearly outlined in the contract you sign with the attorney.
You Can Hire a Seattle Personal Injury Attorney with No Upfront Costs Under a Contingency Fee Agreement
Our firm accepts personal injury cases on a contingent fee basis. You never pay upfront costs or hourly fees for our Seattle personal injury lawyers. We only get paid if we win your case.
Call Darrell Cochran Personal Injury Lawyer at (253) 948-0250 for a free consultation. During our meeting, we can answer any questions you have about contingency fee agreements, costs you might be required to pay if there is no recovery, and more.