Long Island Car Accident Attorney Queens

Long Island Car Accident Attorney Queens

If the other driver is at fault for your vehicle accident, you'll probably manage to hire a personal injury attorney on a "contingency fee" basis. Learn when it's worth the cost.

If you've experienced a car accident, and it's pretty clear that the other driver was at fault, you will be looking for a plaintiff's car accident lawyer (one who represents the person filing a personal injury lawsuit, whenever a case makes it to court). But how much are you going to need to cover?

Most car accident attorneys charge due to their services in a fairly unique way—as opposed to the hourly fee that lots of firms charge in other forms of cases. The conventional car accident lawyer will charge a "contingency fee" to defend myself against a personal injury case. A contingency fee ensures that the firm will not receives a commission any attorney's fees if you recover money in to your case. The lawyer or law firm will get paid a share of money received from any car insurance settlement or jury verdict (if the case goes all the best way to trial).

In this short article, we'll take a closer look at how contingency fees work and everything you can get if you decide to hire a lawyer to take care of your vehicle accident case.

The Contingency Percentage

The percentage that the personal injury lawyer can receive in a contingency fee agreement varies, but typically ranges from 25 to 40 percent, and 33 percent (or one-third) is pretty standard. So, when you have a 33% contingency fee arrangement and you recover $90,000 in your vehicle accident case, your attorney will receive around $30,000.

A contingency fee percentage can vary based on whether a personal injury lawsuit needs to be filed against the other driver (the defendant). If the case settles before it visits court, the percentage may be on the reduced side.

However, if settlement occurs after suit is filed and following the defendant has served a formal reply to your complaint—or if the case proceeds to trial and a jury verdict is reached, the attorney's share may increase to 40 percent.

As an example, suppose your lawyer sent a demand letter to the other driver's insurance company in your case, and you quickly reached a settlement for $90,000. In this example, the attorney would again receive $30,000 (33%). However, suppose that the case instead ended in a jury verdict of $90,000 and your agreement (and/or what the law states in your state) allows the attorney for 40% of a recovery following the complaint is answered. In this example, the attorney can recover $36,000.

It is definitely vital that you speak together with your attorney concerning the contingency fee and to carefully review your contract for legal services. If you do not understand the fee arrangement as mentioned in the contract, ask your attorney to spell out it to you.

Also, exactly like everything in an agreement, the fee is negotiable. If yours is a "cut and dry" case—fault for the vehicle accident and your damages are clear, the defendant has a lot of car insurance, and there's ample evidence copying your claims—you are able to certainly negotiate less contingency percentage. That you don't need to give up a third of one's compensation mainly because you will need the leverage of getting a lawyer on your own side.

Fees and Expenses

With respect to the lawyer and your contract for legal services, you might or may not be responsible for upfront court fees and other litigation expenses, such as the cost of obtaining medical records and police reports, court reporter fees, and expert witness fees.

Many personal injury firms require the client to cover the above-mentioned fees while they become due. If your contract states that you're responsible for these costs, you are able to expect a personal injury firm to call you and seek payment whilst the fees become due. If you fail to pay these fees, your case will more than likely not proceed until there is a payment.

Other personal injury firms (typically large firms), will cover all fees and expenses. However, the fees and expenses is likely to be deducted from your settlement or final judgment. Let's say you settled your vehicle accident case for $100,000. This time around, your contract stated that costs and expenses would be deducted from the settlement. Your attorney incurred $10,000 in costs and expenses. In this example, your attorney would receive $10,000 as reimbursement for the expenses and expenses, and $30,000 for legal services. You'd wind up receiving $60,000 as a final recovery ($100,000 - $10,000 - $30,000 = $60,000).

Make sure that your lawyer takes their fee out from the "net settlement"—that is, the quantity left after case expenses are deducted. This arrangement is typical. However, some law firms may try to improve their pay by taking their money out first. Let them realize that you won't accept that, and when it becomes an offer breaker, it's probably best to find another lawyer.

Other Fee Arrangements

Not absolutely all cases calls for a natural contingency fee arrangement. Lawyers may collect a preliminary retainer to begin your case and also collect a contingency fee at the conclusion of one's case. However, if you recover money, the quantity already paid to the attorney must certanly be subtracted from the percentage due to the attorney at the conclusion of the case. For instance, if you paid $2,000 to the attorney as a retainer and recover $90,000 in a settlement, the attorney will receive $28,000 from the settlement ($30,000-$2,000 = $28,000).

Most car accident cases will not involve a set fee payment for legal services. Flat fee arrangements are usually reserved for less-complex cases. A law firm may charge a set fee where in actuality the legal representation is limited to drafting and answering a demand letter. In that case, the fee may vary from $300 to $1,000.

Is just a Car Accident Lawyer Worth The Cost ?

The general rule is this: The more serious the injuries, the more the value of hiring a lawyer. If you had been in a minor fender bender with little if any injuries, you are able to probably negotiate a personal injury settlement with no lawyer. On the other hand, if you had been injured and needed any significant medical treatment, the value of one's case rises quickly. What this means is the insurance adjuster works to minimize your damages and try to obtain you to just accept a very low settlement offer—they are available of making money, not spending it, after all. In that situation, having a skilled lawyer on your own side becomes essential.

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