The True Cost of a Personal Injury Attorney: What To Expect and How To Plan

Maybe a reckless driver totaled your car, your doctor messed up your surgery, or you’ve fallen on an icy sidewalk because of your landlord’s negligence. You’re thinking about suing for your damages, but the potential cost of hiring a personal injury lawyer gives you pause.

How much does a personal injury attorney cost? In this guide, you’ll learn about common personal injury fee structures and typical costs associated with personal injury cases.

Fee Structures for Personal Injury Cases

Personal injury lawyers typically offer one of three fee structures: contingency fees, flat rates, or hourly rates.

Contingency Fees

Personal injury lawyers almost always work on a contingency basis. This means that the lawyer will take their payment out of your settlement. You don’t usually have to pay anything if you lose your case. Some lawyers hold you responsible for administrative costs and other expenses for a losing case, so be sure to ask the attorney what their fee structure is before hiring them.

Personal injury lawyers commonly take 33% of your settlement if your case wins, but rates can go as high as 40%. The rate depends on factors such as the lawyer’s experience, the complexity of your case, and where you live. In-demand lawyers may charge costlier rates, while those fresh out of law school might charge less.

Flat Rates

Some attorneys charge flat rates for their services, which means you’ll pay a set amount regardless of how long your case takes to settle. This is appealing because you know the exact personal injury attorney cost.

The main downside is that it’s rare to find a personal injury attorney who offers this structure. Additionally, lawyers will be reluctant to offer you a flat rate if your case is very complicated.

Hourly Rates

Although fairly rare, some personal injury lawyers charge per hour. This means you pay the lawyer for every hour they work on your case. Hourly rates can start at $100 and go up to $500 or even more.

Often, hourly lawyers require you to pay upfront costs with a retainer. The lawyer will deduct your fees from this retainer until it’s used up. They might then ask for another retainer or start billing you hourly.

Some plaintiffs prefer hourly rates because they only have to pay the lawyer for actual time spent working on their case. However, fees can add up very quickly, and if your case takes a long time to settle, your bill could be astronomical.

The Sliding Scale Option

What if you’re low-income and can’t afford the personal injury attorney cost? You don’t necessarily have to represent yourself. You may be able to find an attorney who offers a sliding scale option.

With this option, the lawyer offers a reduced rate based on your income and family size. For example, if the lawyer normally charges a 33% contingency rate, they might drop it to 25%. If the lawyer charges an hourly rate of $300, they may drop their rate to $150 per hour.

If you’re unsure how to find a lawyer offering a sliding scale option, check out your State Bar website. There, you can find a list of reputable lawyers for low-income people near you.

Personal Injury Case Expenses

You may think your lawyer pockets every dime of legal expenses you pay them, but that’s not so. Personal injury cases are expensive to build, manage, and execute. Here’s a breakdown of common legal fees and costs in personal injury cases:

• Investigation Expenses: Your lawyer needs a lot of information to build your case, and that info doesn’t come cheap. They might need to request your medical treatment records, track down witnesses, hire an accident reconstructionist, and more.
• Administrative Costs: Administrative costs are usually minor but can seriously add up over time. Administrative tasks include things like buying postage, copying documents, mailing packages, and so on.
• Court Filing Fees: When you file a personal injury lawsuit, you must pay a court filing fee. In some cities and counties, the fee might cost you as little as $10 to $50. In others, the fee might range from $100 to $300.
• Witness Fees: Lawyers sometimes pay witnesses for their time meeting with the attorney, traveling, and testifying. This is especially true if they hire professional witnesses like doctors, forensic accountants, engineers, etc. Such witness fees can cost hundreds per hour.
• Travel Expenses: If your lawyer has to travel for your case, they may require compensation for their travel expenses, such as airfare and lodging.
• Deposition Costs: During a deposition, the opposing counsel can question a witness under oath to tell the truth. Your lawyer may have to pay a court reporter to take notes during the deposition.

Can you negotiate attorney fees? Depending on the lawyer, you may be able to negotiate for a lower contingency fee or hourly rate. Before you start negotiations, know the average personal injury attorney cost for your area. Armed with this knowledge, you’ll be better equipped to negotiate for a lower rate.

What Happens If Your Case Loses?

It’s important to know what your lawyer expects in the way of compensation if your case doesn’t settle. There are three main possibilities:

• You fully reimburse the lawyer for their expenses.
• You and the lawyer agree to split all expenses evenly.
• You don’t owe anything if the lawyer doesn’t win your case.

What Happens If Your Case Wins?

If you win, your settlement check will usually go to your lawyer first. They’ll pay any liens on the settlement, such as medical liens, and then deduct their expenses. The rest of the money is yours to keep.

Find the Right Personal Injury Attorney Today

Now that you’ve learned how much a personal injury attorney costs, are you looking for a lawyer who suits your budget? Want to know about the cost of a personal injury attorney vs. self-representation? Reach out to Accident Hotline at (844) 343-9609 for a free consultation.