Idaho Law Blog
Someone who has suffered personal injuries in an accident is probably going through tough financial times. She may be out of work, and dealing with medical expenses. Paying a lawyer probably isn’t in the cards.
Never let financial difficulties keep you from hiring a lawyer to deal with the personal injuries that caused the problem. Most Idaho lawyers will take personal injury cases on a “contingency fee.” This means that the lawyer doesn’t get paid unless and until you collect some money from the party responsible for your injury.
How does a contingency fee work? When you hire a personal injury lawyer, he should have you sign a fee agreement which lays out the details. It should be in plain English, and make sure you understand it before you sign. The details will be different from lawyer to lawyer, but it will work something like this:
The lawyer will agree to handle your case from beginning to end. In exchange, when and if money is recovered for you, the lawyer will receive a fee of a certain percentage of the total amount, usually around one-third. Costs that the lawyer incurred in bringing the lawsuit — things like travel, or the expense of hiring experts — will also be paid out of the money recovered. The agreement might provide that the contingent fee is a little less if the case is settled before a lawsuit is filed, or a little more if there is an appeal. Either way, if there is no recovery for you, the lawyer does not receive a fee. You pay him nothing (although, depending on your agreement, you may be liable to pay for some of the costs).
Thirty or 40 percent of the recovery may seem like a lot. But remember, the lawyer is taking a gamble. If a lawyer takes your case on contingency, he is committing himself to do a lot of work on your behalf with no guarantee of payment. He can’t make up that loss somewhere else. He can only afford to take your case on a contingency if his share is enough to make the risk worth it.
However, if he takes your case on contingency, it means he believes in it. Being represented by a good personal injury lawyer who believes in your case is worth every penny. If you have been injured in an accident and are going through tough financial times, we would feel privileged to consult with you about it.