Negotiate Personal Injury Lawyer Fees

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Are you considering filing a personal injury lawsuit against another party? Are you wondering how much money you might be awarded? Don't forget to factor in attorneys fees into the equation.  By negotiating a lower attorney settlement fee, you can easily save thousands of dollars.

Steps

Interviewing Attorney Candidates

  1. Locate several personal injury attorneys. If you do not know anybody who can refer you to an attorney they know and trust, you can find attorneys in your area by searching online or checking with your state bar association. Most state bar associations maintain a referral service. If your state allows specialization or certification, you may want to limit your search to those who are certified in personal injury law.[1]
  2. Make appointments with at least three attorneys. You should speak with enough attorneys to make a solid comparison. This would be at least three, potentially more. When making the appointment, make sure the firm offers free consultations.[2]
  3. Talk with each attorney. Tell the attorney you are interviewing multiple candidates and give them the facts of your case. Answer any questions they have, and get feedback as to whether they feel you have a strong case. Some questions you will want to ask include:[3]
    • Ask the attorney if s/he will be the attorney you will deal with or if you will be dealing primarily with other office staff, such as paralegals or associates.
    • Ask whether the firm prefers settlement or court.
    • Ask what the average settlement or judgment is for the firm.
    • Ask what the attorney believes you could reasonably expect your case to settle for.
    • Ask about the fee arrangement.
    • Ask for references of prior clients.

Assessing Attorney Candidates

  1. Find out the attorney’s record. Go to the courthouse and ask the clerk of the court to show you the dockets for the attorneys you are considering. This will show you how each attorney tends to handle cases and will confirm if the attorney gave you accurate information.[4]
  2. Check attorney rating sites. Avvo is a site on which people rate attorneys, either as clients or peers. Check the rating for your attorney on Avvo. The attorney should be able to tell you their rating with Martindale-Hubbell. AV is the highest rating with that agency. Unlike Avvo, Martindale-Hubbell ratings are made by other attorneys instead of clients. Also, contact your state bar association to see if the attorney has been subject to discipline.[5]
  3. Talk to references. Ask the references if they were happy with the service the attorney provided. Ask if they had any difficulty communicating with the attorney. Ask if there were any surprises in the attorney’s fees at the end of the case.

Negotiating Fees

  1. Rank the attorneys. Put the attorneys in the order you feel are best to worst. This will be based on your comfort level with each, their track record, and the responses of their references.
  2. Negotiate the contingent percentage. Most private injury cases are taken on a contingent basis. This is a fee arrangement in which the attorney gets paid a percentage of the amount they get you either at settlement or at trial. If you do not get a settlement or win your case, the attorney does not get paid. Contingent fees can vary from 25% to up to 45%. Some states have limits beyond which an attorney cannot ethically charge a higher percentage. Be sure to find out if this percentage is applied to the gross or net amount won. Then net amount is the amount won minus any external costs, such as expert fees and copying charges.[6]
  3. Negotiate costs. Be sure you know who is responsible for costs. In some cases, you can negotiate a lower contingent percentage by agreeing to pay for the costs of the case, such as expert fees and copying charges, or you can negotiate the firm to be responsible for costs by offering a higher contingency percentage. Whatever option you choose, be sure your fee agreement is in writing and that it covers both fees and costs.[7]

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Sources and Citations

  1. ↑ https://www.tpcba.com/public/need-lawyer/
  2. ↑ http://www.nolo.com/legal-encyclopedia/find-lawyer-how-to-find-attorney-29868.html
  3. ↑ http://www.alllaw.com/articles/nolo/personal-injury/interviewing-potential-lawyer.html
  4. ↑ http://www.americanbar.org/publications/law_practice_magazine/2011/may_june/investigating_court_docket_databases.html
  5. ↑ http://www.martindale.com/Products_and_Services/Peer_Review_Ratings.aspx
  6. ↑ http://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/lawyerfees_contingent.html
  7. ↑ http://www.alllaw.com/articles/nolo/personal-injury/lawyers-fees.html
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