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Everything You Need to Know About Cases Taken on a Contingency Basis

When a large company needs to bring a lawsuit, they have an entire team of lawyers who can work for them around the clock. But what about a person who’s living paycheck to paycheck? What if they’re injured and their injury renders them unable to work? People in this situation can hardly afford to pay for food, let alone a lawyer.

The public defender only takes cases for people accused of crimes – not personal injury cases. So who can represent the average person who doesn’t have the money required to hire a top tier attorney? The good news is that there is a solution: Contingency fee agreements.

What exactly is a contingency fee agreement?

Throughout the years, a system has been devised so that everyone can get representation. It’s called a contingency fee agreement, and essentially it says this: The attorney is not paid a cent up front. They’re not paid during the trial. They’re paid only when they achieve the agreed upon result for their client. Generally, this is a certain sum of money.

That’s why it’s called a contingency fee: The attorney getting paid is all contingent on them winning the case. At the end of the case, the money will be divided between the plaintiff and the lawyer based on the percentage they agree on before the representation begins. Generally speaking, the amounts are different based on whether or not the case went to court or if it was settled beforehand.

Rates may vary between one personal injury attorney and another but the principle is always the same. If the attorney isn’t successful then they don’t get paid. They walk away and no one gets anything. That’s why successful attorneys are careful to screen their cases and only take on cases they believe they can win.

Other costs may be added – read your contract carefully!

Before you sign a contingency fee agreement, be sure you’re carefully reading your agreement. Remember that there are case costs associated with your case. This includes pre-filing costs and a number of costs that can be incurred after your claim is filed. They include things like:

  • Obtaining copies of police reports
  • Obtaining copies of medical reports
  • Filing fees
  • The costs of deposition
  • Fees to hire investigators
  • Medical bills
  • The costs of various services
  • Arbitrator fees
  • The fees charged by expert witnesses
  • Mediation fees

Hiring the right expert could cost upwards of $10,000. Generally speaking, an expert witness won’t be consulted until just before the case ends up at trial since these fees are so high. In some cases they’ll be called on earlier to help develop the case. Either way, it’s important to know how these costs are going to be allocated. It all depends on your contract. Some attorneys may take their costs off the top and then divided the remaining settlement while others will take their fee and take the costs out of your share.

Are you ready to learn more about how Law Offices of Fernando D. Vargas can help with your personal injury case? Read our customer testimonials to see the quality of work we provided and then call us at 909-982-0707.