Attorney Fees in Washington Personal Injury 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 details of your personal injury claim.
- Look at the facts of your claim. Do you have the evidence to prove your claim?
- Look at the applicable law. How much experience do you have with personal injury claims?
- Look at the medical findings and opinions in your doctor’s file. Is it complete? Will it convince the trier of fact?
- Think about how much money is involved. Can you afford to lose it?
- Is your case good enough that a lawyer will take it?
Not sure? Call for a free consultation and strategy session. 206-457-1414.
Can I Afford an Attorney? What are Lawyer Fees Going to Cost Me?
Personal injury attorney fees 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. A smart lawyer will only take contingent fee cases for clients he believes in. As part of your free consultation, ask about contingent legal fees.
Contingent legal fees do not require upfront payment. You don’t pay 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 the best legal representation.
When a lawyer wins 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, 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. No recovery – no fee.
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 persons access to good lawyers.
Limits on Attorney Fees in Personal Injury Cases
The Rules of Professional Conduct set limits on the fees a lawyer can charge. A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following:
- The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
- The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
- The fee customarily charged in the locality for similar legal services;
- The amount involved and the results obtained;
- The time limitations imposed by the client or by the circumstances;
- The nature and length of the professional relationship with the client;
- The experience, reputation, and ability of the lawyer or lawyers performing the services;
- Whether the fee is fixed or contingent, and
- The terms of the fee agreement between the lawyer and the client, including whether the fee agreement or confirming writing, demonstrates that the client had received a reasonable and fair disclosure of material elements of the fee agreement and of the lawyer’s billing practices.
Average Attorney Fees
The typical attorney fee for a personal injury case is 1/3 of recovery. If a lawsuit is required to be filed, then 40% of recovery is usual. No recovery, no fee.
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. The lawyer orders the medical records, reviews them, and uses them as part of the case; there is no 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 the insurance company 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 personal injury 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 associates with Cydney Campbell Webster at Graham, Lundborg, and Peschel Attorneys. Individuals wanting legal services or free consultations are directed to GLP Attorneys.
