Most personal injury lawyers work on a contingency fee basis, meaning a client pays nothing unless they win their case or secure a settlement. Contingency fees in Georgia are typically a percentage of the total settlement or award. The contingency fee model allows more people to afford experienced legal representation regardless of their current financial position.
How Does a Contingency Fee Agreement Work?
Contingency fee agreements are written contracts between you and your lawyer. The two of you will agree in advance on a fixed percentage of the total settlement or court award that your lawyer will be paid. If your personal injury case is successful, your lawyer receives that percentage of the money.
The specific percentage your lawyer asks for should depend on the nature of your case.
Here are just a few facts personal injury lawyers might consider:
- Type of case – Some firms adjust their contingency percentage based on the nature of what happened. For example, the rate might be lower if a firm is pursuing multiple lawsuits for the same accident.
- Local area – Reputable law firms tend to follow fee percentages according to what’s customary in the area, given factors like the local cost of living.
- Length of relationship – Lawyers can consider how long they’ve represented a client when drafting fees.
- The lawyer’s resume and background – A more experienced attorney, such as a firm partner or board-certified specialist, may charge higher fees for their services compared to an associate.
- Preparation time – Lawsuits requiring more effort to prepare or litigate can have higher associated fees.
- Trial – In some cases, a lawyer might have a set percentage for cases that settle. However, a different, higher percentage could come into play if the case goes to trial.
What Is Included in the Contingency Fee?
The contingency fee percentage covers all the legal work and some expenses for your case.
Contingency fee percentage includes, but isn’t limited to:
- Gathering evidence and documentation
- Identifying who is at fault for your injuries
- Calculating the full value of your accident-related expenses and losses
- Handling negotiations with insurers
- Representing you in mediation
- Preparing for and going to trial if settlement negotiations fail
Do All Lawyers Use a Contingency Fee?
Some personal injury attorneys work purely on contingency, while others choose to charge retainers, time-based fees, or flat rates for their services. When hiring a non-contingency lawyer, clients will pay upfront or at regular intervals during the legal process. Those fees would apply regardless of the outcome, meaning a client would still be on the hook if negotiations aren’t productive or if they don’t win at trial.
Most personal injury lawyers in Georgia charge contingency fees. They recognize that people with debilitating injuries often go through significant financial hardship, whether through lost wages, a forced change to their career path, or disability. A lack of resources should not stop you from pursuing justice. Contact our Savannah personal injury lawyer today.
Could There Be Other Fees Associated with My Case That I Might Need to Pay?
Besides your attorney’s fees, you may be responsible for other case-related expenses as the legal process continues.
Attorney fees might include the following:
- Court filing fees and other administrative costs
- Fees to obtain police reports, medical records, or other evidence
- The costs to hire expert witnesses and investigators
- Travel expenses for depositions, mediation, or court appearances
These expenses are usually taken from the settlement or award before calculating attorney’s fees. Lawyers should provide you with a detailed estimate of any other possible costs.
What Happens to My Fee If My Case Goes To Trial?
If your case goes to trial, the contingency fee may change or stay the same according to the representation agreement. Taking a case to trial usually requires more preparation time and effort than the preliminary negotiations, so your lawyer may slightly raise their contingency percentage if your case proceeds to court.
By Georgia law, attorneys must disclose their terms in advance with clients, in writing if possible. This means each lawyer you’re considering should outline any potential contingency fee increases in their initial contract. We encourage you to ask any questions you have about possible changes and read carefully before signing an agreement.
Will I Still Pay If You Do Not Win My Case?
One of a contingency fee agreement’s primary benefits is that you won’t owe your lawyer anything if they can’t secure compensation for you. If your case is unsuccessful and you don’t get a settlement or court award, you won’t be responsible for paying attorney’s fees or most case-related expenses.
Contingency fees motivate your lawyer to carefully evaluate cases before taking them on and work diligently on the cases they do take. Since their compensation depends on a favorable outcome, you both stand to benefit.
Contact a Georgia Personal Injury Lawyer
If you were injured in an accident that wasn’t your fault, the Georgia personal injury attorneys of Spiva Law Group are ready to evaluate your case. We’ve represented injured clients throughout southeast Georgia since 1984, winning over $200 million in settlements and awards. Though we take pride in our team members’ deep knowledge and compassionate approach, we value being good neighbors above all.
In a free consultation, we can answer your questions on the contingency fee system and how we might be able to help with your personal injury claim. Remember: you won’t pay us anything unless we get you the compensation you deserve. Contact our Savannah or Guyton offices today to learn more.