What is the personal injury lawyer contingent
fee average?
Generally, personal injury attorneys take your case
on a contingency basis, meaning they receive a percentage of damages
awarded if and when you recover for your injuries. Nationwide, contingency
fees average between 25 and 40 percent. Washington State is one of 23
states in which the limit
is set by law on contingent fees for medical malpractice. (contingency
fees cannot be used in divorce cases, child custody cases, or criminal
cases). If you and your attorney agree on a contingency fee, the attorney
must put the agreement in writing and provide you with a signed copy.
Some attorneys also charge an hourly fee or a flat fee for services.
Litigation involves additional costs that the client usually pays as
well, often from the damages if there is an award, but from the client
if there is not. In addition, the attorney may incur out of pocket expenses,
such as hiring expert witnesses, filing fees, deposition fees, etc.,
that are also reimbursed to the attorney.
Do I have to sue?
Even in today's environment, the vast majority of personal
injury cases settle. However, there are instances where we cannot agree
with the insurance company on the value of a claim or whether the defendant
is liable for the injuries he or she caused. In that case, we will need
to file a lawsuit and have an impartial arbitrator, judge, or jury determine
the value of the case.
How long will my claim take?
It is generally not a good idea to start the settlement process until
you have reached your pre-injury status, or you have reached "maximum
medical improvement." An early settlement may not take into account
the full nature of the injuries, resulting in a lower settlement that
should be achieved. Some injuries are unknown for months after an accident.
If a settlement is made before those injuries are discovered, a person
will lose the right to recover for those injuries. This loss can be
significant. For example, a party could settle a case based on simply
neck pain, and later require surgery which would not be paid for because
the case is settled. Generally, a claim can be resolved within a few
months of recovery from the injuries. If a lawsuit is necessary, the
claim will take much longer to resolve.
Will there be costs involved?
Every case involves costs. In most cases, this office will advance the
costs of collecting records, investigating liability, and hiring experts.
In the typical case, those costs are advanced, and then recovered when
the case settles or is resolved by arbitration or trial.
Can questions of a personal nature be asked
at a deposition?
Every lawsuit involves "discovery" which usually
includes a deposition of the parties. In discovery,
each side gets to ask the other side questions about the claims and
defenses that each has raised. Unfortunately, in a personal
injury case many very personal areas can be explored by the
other side. Fortunately, there are limitations. An attorney's questions
must "be reasonably calculated to lead to the discovery of admissible
evidence." An attorney cannot ask questions solely for the purpose
of embarrassing or harassing a witness. If you are concerned about discussing
any particular issues at deposition, you should make sure that you discuss
those issues before the deposition with your attorney. In all
cases, you should have a pre-deposition conference with your attorney
to discuss what will happen in the deposition and any concerns that
you might have.
What should I do at the scene of an accident?
If there are injuries, render any assistance that you can. If there
are injuries, call the police. Get information from the other drivers
and witnesses. This should include name, address, and phone numbers,
as well as, the name of the insurance company and the policy number
of the other driver. Do not discuss the accident with anyone other
than the police responding to the scene.
What should I do after I leave the scene of the accident?
Report the accident to your insurer to preserve your right to make a
personal injury protection or un/underinsured motorist claim. Complete
an application if you have Personal Injury Protection so that your medical
bills will be paid by your insurer. If you do not have Personal Injury
Protection coverage, you should use your health care insurance to pay
for treatment. Do not discuss the accident with anyone other than
the police responding to the scene. The insurer for the other driver
may want to take a recorded statement. You do not have to give it. The
insurer for the other driver may want to collect your medical records.
You do not have to agree. It is generally better to wait until we are
ready to prepare a demand to the insurer to provide this information
to the insurer.
Should I sign a release?
Do not sign anything without consulting your lawyer first. If you sign
a release, it could stop you from recovering damages in the future.
Sometimes an insurer will attempt to make a "first-call" settlement,
or a settlement the day after an accident. Do not sign a release or
settle a case until you know what your injuries are and have consulted
with an attorney about your rights.
Should I see my doctor?
If you have been injured, see your doctor. You should follow your doctors
instructions. Following your doctors instructions is important to speed
your recovery. Secondarily, records created by your doctor will help
document your claim.
Should I keep a diary?
Keeping a diary of your condition can help us prove your claim. A diary
should document how your injuries affected you. Did the injury stop
you from doing your daily activities? Did the injury stop you from recreation
that you normally participated in? Did you miss opportunities (either
work or recreation) that you would have otherwise taken advantage of?
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