Attorney Fees in Washington Workers Compensation Cases
Attorney fees are an important consideration when looking for legal help. Let’s talk about attorney fees right now.
Do I Want an Attorney? Do I Need an Attorney?
These are questions you should be asking. Answer them by looking at the facts of your L&I claim. Look also at the medical and vocational opinions in your claim file. Think about how much money is at stake. Can you afford to lose it? How much experience do you have with L&I claims? Do you understand the law? Do you have the evidence needed to prove your case and make it a winner? Is your case good enough that a lawyer will take it?
Not sure? Call us for a free consultation and strategy session. 206-984-4009.
Can I Afford an Attorney? What are Lawyer Fees Going to Cost Me?
Contingent legal fees do not require upfront payment. You don’t pay any attorney fees if you don’t win your case. If you win, you pay a percentage of the recovery. With a contingent fee, you can afford good legal representation.
L&I Attorney fees at our firm and most law firms are based on a contingent fee agreement. Lawyers offer to handle claims on a contingent basis when they believe in the case and the client. We only take cases for clients we believe in. We offer contingent legal fees.
When we win your case, attorney fees are a percentage of the money the attorney recovers for you. If you are offered a contingent fee agreement, it will be in writing; read it. No matter how much you trust your new lawyer be sure to carefully read any fee agreement put in front of you. Ask questions. Know what the deal is. It’s the smart thing to do.
How do Contingent Fee Agreements Work?
A contingent fee means you only pay a legal fee if you win. And then, only out of the money that your lawyer recovers for you.
Why Would a Client Want a Contingent Fee Agreement?
- Contingent legal fees provide access to justice. Persons who can’t afford or don’t want to pay attorney hourly fees upfront can still get first-rate legal help. The contingent legal fee opens the courthouse doors to all persons with a good legal case. If you are offered a contingent fee agreement, your lawyer believes he can win your case.
- Injured persons have suffered a loss before they ever needed an attorney. Paying a lawyer up front feels like losing twice. Nobody wants to do that. Injured persons with a strong case but limited funds need legal help. The contingent fee agreement allows that.
Why Would a Lawyer Agree to a Contingent Fee?
Dentists don’t do that. Doctors don’t do that. You’ll never find a doctor who gets paid only if the surgery is successful. Why would an attorney agree to get paid only if he wins?
- It provides access to justice. Contingent fee agreements allow deserving clients to get a fair legal result without the risk of losing both the case and the fees.
- Keeping track of time in a case is distracting and a waste of time for the lawyer.
- Contingent agreements motivate the lawyer. Everybody loves a winner, and lawyers are no exception. They will be motivated to work smart and get that win.
- Contingent fee agreements encourage the lawyer to take only the cases he believes he can win.
Contingent Fee Agreements Work
- They work for the client if a lawyer will take their case
- They work for the lawyer when they win
- Contingent Legal Fees level the playing field. They allow injured workers access to good lawyers.
Limits on Attorney Fees. Average Attorney Fees in L&I Cases
There are legal limits on attorney fees in L&I cases. Attorney fees before L&I or at the Board of Industrial Insurance Appeals are limited in three ways: by statute, reasonableness, and best practices.
- Statutory attorney fees. By statute, L&I attorney fees are limited to 30% of the increase in award secured by attorney services. RCW 51.52.120
- Reasonableness. According to the statute and the Washington State Bar Association, attorney fees must be reasonable.
- Best Practices. Attorneys informally set additional limits on their fees based on what they believe is fair. For example, for time loss benefits secured by attorney services, 30% of past due time loss and 15% of ongoing time loss are considered fair by most attorneys. However, 30% of ongoing time loss is probably not fair in most cases. Discuss legal fees with your attorney. If your current attorney or the attorney you are considering hiring charges you too much, say something.
Case Costs
Case costs are different from attorney fees. They are expenses incurred in handling your case. For example, an injury case needs medical records. We order the medical records, review them, and use them as part of the case; we do not charge for that. The doctor, however, charges for a copy of the records; that charge is a case cost. The client is responsible for eventually paying this case cost.
Some lawyers want clients to pay costs in advance, some want costs paid as the case proceeds, and some will advance costs until the end of the case when money is awarded. Good lawyers recover money for the client in almost every case. When they advance costs for a client, they are repaid out of the money they make L&I pay you.
If you hire a lawyer, the fee agreement presented to you will provide the specifics about attorney fees and case costs. Read it with care. Ask questions. Know your rights.
Information and Referrals
Information for free. This information on this website is a free service that allows you to make informed choices about your L&I claim. If you contact us, we will do our best to answer your initial phone or e-mail questions about your injury claims at no charge.
Referrals. Christopher Sharpe is the “of counsel” attorney at the Walthew Law Firm, the oldest and best workers’ compensation law firm in the State. He refers clients needing active L&I legal assistance to the partners at the Walthew Law Firm.