Many personal injury victims question whether they can afford a lawyer after they have been hurt. They know that they may be able to obtain financial compensation, but they question whether they have the resources to reach that point.
The good news is that paying for a lawyer is something that you do not need to worry about in your personal injury case. The contingency fee system makes it possible for everyone to afford legal help.
If you have been injured in an accident, reach out to our Orlando personal injury attorneys at JustCallMoe for affordable and hard-hitting legal representation.
Does a Personal Injury Lawyer Charge By the Hour?
When some people hear about a lawyer, they think of the ones that charge you by the hour for legal services. If you hire a family law or a criminal defense attorney, you may need to pay for each increment of services that they perform. These lawyers generally ask you to pay a retainer upfront that could be thousands of dollars. Many people who hire a lawyer need to make financial sacrifices, or even borrow from their relatives to afford the costs.
This system does not apply to personal injury law. Unlike many other types of cases, the outcome that you are pursuing at the end of your case is a settlement or a jury award. There is also uncertainty in that you do not know if you will qualify for financial compensation. There is always a chance that your claim could be denied, and you will not win at trial.
You Can Afford an Injury Lawyer Through the Use of a Contingency Fee
The legal system wants you to be able to afford a lawyer, even when you may not have money in your account. Legal services after a personal injury are not just reserved for people of means who can afford to make a large payment to a lawyer. The law recognizes that you are in a difficult financial situation after an accident and that you may not want to take the risk of using your limited funds on a case with an uncertain result.
The personal injury system introduces the concept of the contingency fee. In a nutshell, your lawyer is only paid if you are at the conclusion of your case. If you do not receive any money, your lawyer has essentially worked for you for free. They will not ask you for any money upfront, nor will they send you any monthly bills while your case is pending.
In a way, both you and your lawyer share the risks in the contingency fee system. If you do not win your case, your lawyer has invested their time and receives nothing in return. Your lawyer needs to support themselves and earn a living, so you can expect them to accept a case only when they believe that there is a reasonable chance of your winning.
Contingency Fees Are Specified Right When You Hire the Lawyer
At the outset of the case, you will sign a representation agreement with a lawyer. This agreement will outline all the terms of their representation during your case. This document is a contract between you and the lawyer.
The professional responsibility rules that the lawyer must follow dictate that any type of fee arrangement be agreed to in writing and upfront. The lawyer cannot charge you for anything that is not laid out specifically in writing at the beginning of their representation in your case.
The agreement will state what fee the lawyer will charge you. In your case, the fee will be a percentage of the recovery that you receive. You will have a legal obligation to pay your lawyer upon the recovery of any financial compensation. That is the contingent event that must happen for them to receive any compensation at all.
The percentage that your lawyer may receive for your case depends on how your case is resolved. The representation agreement will specify two different percentages. One will apply when your case is settled. Your lawyer would be paid a slightly higher percentage if your case goes to trial.
An attorney takes much more risk if there is a personal injury trial in your case. They will spend countless hours on trial preparation and building the case to present to the jury. If you end up losing your case, your attorney would have devoted quite a bit of time without any compensation. Thus, your lawyer ends up being paid more to reflect the increased risk that they are taking.
The Attorney Must Charge You a Reasonable Fee in Your Case
If you are wondering whether there are any limitations on what the lawyer can charge you, the attorney must follow the Rules of Professional Conduct in Florida. There is a section that is specifically devoted to the fees that the lawyer can charge. These rules state that:
“A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses.”
The rule goes on to state that the reasonableness of the fee depends on a number of case-specific circumstances. Generally, most lawyer’s contingency fees are in the same general ballpark. If a lawyer is charging you substantially more than one-third for a settled case, you should continue looking.
In most personal injury cases, attorneys fees are typically 33 ⅓ percent of the total settlement amount. However, the lawyer will get whatever percentage they receive for a settlement, no matter how much work they perform on the case.
Contact an Orlando Personal Injury Attorney Today
Reach out to JustCallMoe when you have been injured in an accident, and you want to make the responsible party pay for what they did. If you can prove that they were to blame for the accident, they will need to fully compensate you for what you lost.
To schedule a free initial consultation, you can contact us through our website, or you can call us today at (866) 225-5663. We are available to work on your case as soon as you hire us.