In a contingent fee agreement, the lawyer agrees to accept a fixed percentage (often one-third to forty percent) of the amount recovered. If you win the case, the attorney's fees come from the money you were awarded. Your lawyer will take about 33 to 40 percent of your financial compensation, plus court costs. However, in some cases, the court may order the defendant to pay part or all of the plaintiff's attorney's fees.
Once you accept a contingency fee agreement, your representation agreement must include terms that state what percentage of the eventual award or settlement the attorney will receive. Common contingency fees range from 20% to 40%. Some lawyers change their percentage depending on whether the case is resolved or goes to trial. Your agreement must include this text.
In a contingency fee agreement, the attorney representing you will be paid by taking a percentage of your award as a service fee. If he loses, the lawyer won't get anything. This situation works well when you have a winning lawsuit. Many lawyers will agree to accept the case in exchange for a significant portion of their settlement or award of 33% to 40% on average.
Keep in mind that unless you make other arrangements, you will likely also be responsible for paying the costs of your personal injury case, such as filing, service and expert fees. In a contingent fee agreement, the lawyer agrees to accept a fixed percentage of the recovery, which is the amount ultimately paid to the client. If you lose, neither you nor the lawyer will receive any money, but you will not be required to pay your lawyer for the work done on the case.
