When Should I Pay My Attorney In A Personal Injury Case?

Most attorneys that take personal injury cases take those cases on a CONTINGENCY FEE basis. Herrman and Herrman, PLLC, like most Personal Injury law firms, get paid contingent upon the client getting paid. This means that Herrman and Herrman does not get paid unless the client gets paid from a settlement. In the scenario that we cannot find any insurance for the at-fault party, we will not charge any fee or require any payment of attorney’s fees. This is true for most law firms, however, a larger law firm can and does often spend the necessary funds to properly investigate the claim.  

Herrman and Herrman, PLLC works on a 35% contingency fee basis. Some firms in south Texas charge MORE than 35% contingency fee for services rendered. The contingent fee structure has been around for a long time and generally applies to plaintiff’s work. The law firm that takes your case takes the risk and responsibility from a financial standpoint in the hopes that the claim settles.  

In some American jurisdictions, a lawyer for the plaintiff in a civil case can take a case on a contingent fee basis. A contingent fee is a percentage of the monetary judgment or settlement. Where a plaintiff loses, the attorney may not receive any money for his or her work. A typical split of pain and suffering is 35% for the lawyer, roughly one-third for the physicians, and roughly one-third for the plaintiff. The contingent fee may be split among several firms who have contractual arrangements amongst themselves for referrals or other assistance. 

The contingent fee has been described as the cheapest way to get to the courtroom because there are no upfront attorney’s fees associated with this type of case. In contrast, corporations or wealthy individuals can afford to hire attorneys to pursue their legal interests. The contingency fee affords any injury victim the opening, regardless of ability to compensate up front, to hire the best attorney in his or her field. Most jurisdictions in the United States prohibit working for a contingent fee in family law or criminal cases and the practice of accepting a contingent fee is mainly in the tort arena. 

In short, do not be weary of a contingency agreement with your lawyer. This type of agreement allows the plaintiff to be free of the burdensome worry of paying for adequate representation because it allows all men and women to afford the best attorney up front.  

About the Author

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims. Start down the road to recovery by contacting us for a free initial consultation and case evaluation.

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