Personal injury lawyer fees may be based on hourly rates, a negotiated retainer fee, or a contingency fee. Most motorcycle accident cases with injuries are taken on a contingency basis. This means, the attorney takes a percentage of the settlement. In most states, the lawyer contingency fee is equal to 40 percent (one-third) of the settlement. However, if your attorney charges 40 percent and you feel the fee is too high, he might be willing to negotiate a lower percentage.
Will you lose anything if you negotiate and get your attorney to agree to a lower fee? In theory, you should not because all attorneys, including contingency attorneys, owe the same duties to you as he or she owes to someone paying a higher fee. A good lawyer will investigate and research your case, file all of your papers on time, attend court hearings, file and argue motions, take and defend depositions, give you appropriate legal advice, and communicate with you in order to keep you informed of all events that may occur during the case.
If warranted, your attorney will take the case to trial or negotiate a reasonable settlement, regardless of his or her fee. In addition, they will be creative in negotiating with all parties to make certain you receive the most net compensation possible. The risk, however, is that a less than scrupulous attorney may push for a higher settlement or take the case to trial hoping for a higher award from the judge or jury. This practice is not uncommon and it is used to increase the attorney’s chances of netting the same amount as if he were charging the higher rate.
When it comes to personal injury cases and locating an honest attorney, you can certainly shop around for a professional that you feel comfortable with. Whatever you do, do not attempt to tackle a personal injury case on your own.