After a lawyer’s client signs a contingency agreement with a personal injury lawyer, that member of the legal profession gets paid when the client recovers a compensation. If you get asked to sign such an agreement, you should have some say about the percentage of the compensation that will get paid to your lawyer. Still, you should know that most clients pay their lawyers 33% of any awarded compensation.
Factors that can increase or decrease the portion of the award that goes towards payment of a contingency fee
The complexity of the case: Lawyers that agree to handle a complex case do expect a larger contingency fee.
The risks involved: An injury lawyer will expect to be paid more, if he or she must deal with a larger degree of risk.
Amount of exposure given to lawyer: Some lawyers will agree to take a case pro bono. That means that the lawyer’s fee will be equal to 0. An injury lawyer might forfeit any fee, in order to gain more public exposure.
Payment for litigation costs does not get covered by a contingency fee
The amount charged for filing papers with the court represents one litigation cost. The discovery costs get added to those that belong on a list of litigation costs. The discovery session must precede any scheduled trial hearing. Thus, the amount charged by an expert that has agreed to testify as a witness must be viewed as an additional litigation-related cost.
Lawyers must pay investigators to track down evidence. Some investigators shoot video footage of the injured client. Those facts highlight the existence of yet another costly service, one performed by lawyers. Sometimes an injury lawyer in Oakville pays a photographer to go after pictures of a damaged vehicle. It could be that the plaintiff’s or defendant’s pictures failed to reveal what actually happened.
Much evidence takes the form of a printed document. It costs money to have those same documents copied and mailed to the appropriate party. The client must pay the litigation costs. If that payment gets made before the lawyer gets a contingency fee, the client will get more money from the awarded compensation. If a client tries to deny an injury lawyer his or her deserved litigation costs, the denied lawyer can take the unpaid money out of the client’s awarded compensation.
In that situation, the amount taken out does not get included in the lawyer’s contingency fee. That is the reason that a client can get more money by paying the added costs before the case actually settles. Still, there do not appear to be any real guidelines, concerning the precise time when a lawyer must refer to the lengthening list of litigation costs.
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