In the United States, about 5% of personal injury cases go to trial. Roughly 95% of these cases are settled before a trial. In another statistic, it says that 90% of personal injury cases that do go to trial end in a loss. Those that win get a better settlement when they have a trial judge rather than a jury. Trial judges seem to pay off at a higher rate and for a larger sum of money as well. One reason that so many cases get settled is the length of time lawyers take to begin negotiating settlement amounts. If you hire a personal injury lawyer to handle your case, you should negotiate a reduced percentage for contingency or an alternative agreement for lawyer fees. This will help you keep a larger portion of your court award or settlement money in your pocket.
How a Personal Injury Attorney Gets Paid
Unlike other types of lawyers, personal injury attorneys commonly work on a contingency basis. This means that they get paid only when they successfully negotiate a settlement that you find acceptable, or win you an award if your case goes to trial. Although this is a good system for the majority of injured clients, the proposition can also be expensive. The attorney takes all the risk of losing a personal injury case in return for a large amount of a winning outcome – in most cases, 33% to 40%.
Negotiating Reduced Combination and Contingency Fees
By the time you consult an attorney, you may have already conducted an investigation of your accident, obtained all the paperwork associated with your claim and negotiated with the insurance company to increase their initial settlement offer. If this is so, you have done the majority of work that is normally done by a lawyer. Due to this, you may find some personal injury attorneys who are willing to accept a contingency that is lower than the usual 33-40%. Make sure that you bring all necessary documents to your first meeting with the attorney and show them the file you have put together.
Paying for Legal Advice on an Hourly Basis
You might consider hiring an attorney just for providing you with specific advice – for instance, on technical legal issues – that could help you in reopening your negotiations with insurers or preparing you for arbitration or small claims court. Or, you might also seek the help of an attorney only to prepare and file a personal injury lawsuit to protect your rights under the statute of limitations in your state. If you or a loved one has a personal injury case, you should seek the counsel of the skilled and experienced personal injury lawyers at RMFW Law at 212-344-1000. You can get a free consultation to discuss the steps you need to take to file a claim or lawsuit against the other party. Give us a call today! The first meeting is free. RMFW Law knows how to win cases and we can recognize a winner when we see one. We have won millions of dollars for former clients and this list continues to grow longer.
