personal injury cases, a contingency fee agreement is a payment deal which allows a plaintiff
who has been injured and is seeking financial compensation to obtain legal
counsel, even if they do not have enough money to pay an attorney at the
beginning of the case. A client does not need to pay a contingency fee
up front, agreeing instead to pay a lawyer a percentage of the client’s
award should they win the case.
Simply put, a client does not pay legal fees unless and until he or she
wins. If a client loses his or her case, there is no legal fee at all
for the attorney. Once a contingency fee agreement is reached, the lawyer
will pay the expenses of the lawsuit.
The following are the expenses an attorney can cover in a contingency fee
Costs associated with the case – These are expenses your lawyer pays while preparing and negotiating
you case. The amounts normally include office and copying costs, disposition
fees, expert testimony, etc.
Medical liens – Your attorney can deduct and pay all medical liens before you receive
any settlement money, to ensure you are getting the proper medical treatment
in order to make the best recovery possible. These include medical bills
from hospitals and doctors who provided treatment.
These costs are deducted from the total settlement after a case is won.
The costs are typically deducted first, before the lawyer takes his or her fee.
Most contingency fee agreements for settling a personal injury claim set
the attorney fees at one-third (33.3%) after expenses are deducted. When
a claim cannot be settled and must go to trial, attorney’s fees
often increase from 33.3% to 40%.
If you have been injured due to the negligent actions of another party
in New York,
request a free consultation with our Kingston personal injury attorneys at
Mainetti, Mainetti & O’Connor today.