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In personal injury cases, lawyers’ services are offered on a contingency basis, meaning the lawyers’ fees for representing their client will come from the final personal injury settlement. If a client doesn’t get a favorable outcome, then the lawyer collects no fees. The primary concern for most people when they consider hiring a lawyer is the expense. They wonder, “How much will it cost me to hire an attorney?” Here’s what you need to know before hiring a personal injury lawyer.
A law firm’s expenses to work on your case vary. Common expenses are related to the investigation and expert witness fees, such as:
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It’s important to point out that these costs, unlike the contingency fee, must be paid by your lawyer even if you lose your case. In this fee structure, all parties unequivocally agree beforehand to the sharing percentage. Therefore, it is unethical for a personal injury lawyer to create an agreement that insists on a higher percentage than initially agreed upon if the case succeeds.
Most personal injury lawyers shoulder the financial burden, pay all the fees and expenses upfront. Because of that, lawyers perform a comprehensive review of the facts to ensure that there is sufficient evidence to win compensation for their clients before accepting the case. This initial consultation is free of charge. At this meeting, we will ask questions about the circumstances leading up to and surrounding your accident and give you a general assessment of your case.
Before meeting with a lawyer for the first time, the State Bar of Texas suggests preparing a list of questions, such as:
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At Parker Law Firm, our contingency fee arrangement is calculated as a small percentage of the overall personal injury case settlement or verdict. This way, our clients can be assured that they’re getting the compensation they need to recover after an accident. Whether it’s a car accident or injury on the job that you need assistance with, don’t be shy about asking a lawyer up front about how he or she gets paid for their services. Remember, they are working for YOU.
A lawyer’s job in an injury case includes the determination of liability and checking the insurance policy. Most personal injury lawyers will ascertain answers to specific questions before taking a case, including:
You are at the best advantage if you hire a lawyer early in the settlement process for your personal injury claim. They can regulate communication with the defendant’s attorney or their paralegals to protect your rights and to ensure you are requesting the full amount of compensation you are due.
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The first step in calculating your settlement request, you will want to include all monetary losses in your claim. This consists of money you have already paid or may still owe, as well as foreseeable expenses for medical treatment or lost income from not being able to work. In the rare instance that a client has any regrets or reservations about retaining our services, they are free to walk away within the first 30 days. We consider our relationships with clients to be our lasting legacy, and we take it seriously.
Do not be afraid to ask an attorney all of these questions up front. You should also interview a few different attorneys to find one that suits you best. Hiring an attorney for your injury case will be a big decision that you shouldn’t take lightly. To learn more about how to find the right attorney for you, check out one of Brad’s books by clicking here.As the losses from your accident become more apparent, dollars and cents inevitably enter the picture. Learn how to arrive at a number that fairly represents your costs.
In Texas, as in every state, adding up the costs associated with your accident or injury can help ensure you receive a fair settlement.
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Life in the months following a catastrophic accident can be shockingly different. Though it may be difficult at this time, the sooner you start keeping track of expenses and other indicators of value the better.
As you begin thinking about pursuing a personal injury claim in Texas, it’s important to figure out the math. As scary as it might be to confront it, you have to arrive at a number: how much is your injury worth?
Several major factors show up in nearly all cases where you have to establish personal injury settlement value. Medical bills are the easiest to quantify, but you also need to take into account future care costs. The worth of any property damaged or destroyed in the accident also counts. The wages you’ve lost due to missed work time matter, as do projected future losses. Other types of economic damage count too.
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Pain and suffering is typically treated as a multiplier when calculating damages that are awarded. You take all the other types of damages, known as special damage, and multiply them by the value of pain and suffering. You can use this simple calculator to do the math.
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Herein lies the rub for anyone who wishes to pursue a settlement – in Texas or anywhere else in the U.S. If you’re dealing with an insurance company, the multiplier is their best chance to keep the settlement cost low.
It’s your job, with the help of an attorney, to prove that your injury claim is worthy of a higher multiplier. There’s no simple answer to the problem, and that’s why it’s often considered wise to retain counsel.
You always have the right to sue. The reality, however, is that around 95-percent of personal injury cases are settled without going to court. The threat of taking the matter before a jury is critical to forcing the insurance company to negotiate. The simple fact is that your lawyer and the company are going to hash things out through a process.
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From the responsible party’s viewpoint (or their insurance company’s), the idea behind negotiating a settlement is to avoid the risk of being assessed punitive damages.
This may make it sound better to go trial, but bear in mind claimants can be sanctioned for frivolously pursuing punitive damages too. In almost all instances, legal professionals will tell you that going to court for punitive damages should be seen as a last resort.
Partial responsibility can reduce the value of a claim, as no party is responsible for more than what was their fault in Texas. There are many situations where it may be beneficial for a Plaintiff to settle out of court, or go ahead and seek a trial. For example, when a Defendant seeks a counter action against the Plaintiff. It may be, or may not be beneficial for the Plaintiff to seek settlement.
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During personal injury cases, juries are often asked to deliver a finding of what percentage of responsibility each party has for the accident. If the responsible party is found to only be 70-percent liable, then 30-percent is shaved off the judgment award for the victim.
An insurance company may throw this type of issue at you to discourage you from pursuing your claim more aggressively. This is one more reason why it’s critical to have counsel during the negotiation process. A lawyer can cast some light on dubious attempts to deflect responsibility. This allows you to keep the claims process focused on what matters to you.
This means filing away all of your medical bills arising from the accident and keeping a running tally. It also means that you need to know the value of any property you lost in the accident. You also want to have clear proof of how much money you would have earned had you been able to go to work healthy.
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Due to the way pain and suffering factor into the general damages multiplier, you also need to document your suffering. This entails working with your doctors to fully document what’s going on. If you’re having trouble concentrating on tasks, that needs to be documented with the assistance of a neurologist.
Tip: Showing concretely how you have suffered - and what you are losing from your future - is key to demonstrating damages. It may be difficult, but you will be thankful later if you write down every little thing for your lawyer now.
For example, if you and your partner are no longer able to have sex, you’re entitled to damages for that loss. This would be an example of what is called loss of consortium.
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