Monterey Contingency Fee Lawyer
If someone else’s careless actions harmed you, you likely were not expecting it. Nor were you expecting to pay for expensive medical bills and property damage or lose income from missed work. After an accident, you might be worried about whether you can afford to pay for a personal injury lawyer to pursue compensation for the damages you suffered through no fault of your own.
At Allen Law Firm, our personal injury attorneys believe that accident victims should have access to quality legal representation regardless of their present financial ability to pay for it. This is why we work on a contingency fee basis. We provide legal services to you now and don’t expect or request payment until we recover compensation on your behalf. If we cannot recover financial compensation for your personal injury claim, you won’t pay for our services. We want you to focus on your health and well-being – not on how you can afford a lawyer after someone else’s negligence has harmed you.
Our experienced Monterey contingency fee lawyers are dedicated to protecting your rights and holding responsible parties accountable for the harm they cause. We can handle all the legal details of your case, communicate with insurance companies, and gather evidence to prove the value of your personal injury claim while you focus on your recovery. Contact us today to learn more about our fee arrangement and how we can help you.
What Is a Contingency Fee?
The term contingent means conditioned. Therefore, when a lawyer takes a case on a contingency fee basis, payment for their legal services is conditioned on their ability to obtain a favorable outcome in your case. If your lawyer does not win your case at trial or secure a settlement with the insurance company or defendant, you are not responsible for paying their attorney fee.
Contingency fee arrangements are a way to pay for a lawyer’s services. Lawyers use different types of fee structures. For example, many lawyers charge an hourly rate in which they multiply the number of hours they worked on a case by their hourly rate. Others charge a flat fee in which they charge the same amount for routine legal services regardless of how many hours they worked on a case.
In a contingency fee agreement, your lawyer receives a percentage of the settlement amount or verdict award if they are successful. Your written retainer agreement explicitly states the percentage and how it is calculated.
Overview of Contingency Fee Agreements
You may have heard of contingency fees or “no win, no fee” arrangements in advertisements for personal injury lawyers. Here are the basics of how these contingency fee agreements work:
- Agreement – The contingency-fee agreement is a legally binding contract between you and your lawyer. It specifies the contingency fee, how it is calculated, and when it applies.
- Legal representation – Your lawyer immediately begins working on your case, gathering evidence, interviewing witnesses, and compiling information about the accident-related damages you have incurred.
- Payment based on the outcome of your case – If the personal injury attorney wins your case at trial or negotiates a settlement on your behalf that you accept, they receive the agreed-on percentage for their services.
- No fee – If your lawyer is unsuccessful and does not secure financial compensation on your behalf, you do not owe them anything for their services.
It is important to note that you are only responsible for paying attorney fees if your lawyer secures a settlement or award on your behalf. However, you may still be responsible for paying for costs your lawyer incurred on your behalf, such as court filing fees or medical record fees. Discuss these additional costs with your lawyer and how they are handled when signing your retainer agreement.
The personal injury attorneys at Allen Law Firm want you to understand how our agreement works and feel comfortable with it. We offer free initial consultations to all incoming personal injury clients so that we can get to know them, review their legal rights, and explain our fee structure. Contact us today for your free consultation.
How Do Lawyers Work on Contingency?
When you work with Allen Law Firm and our contingency fee lawyers, here is what you can expect from the process:
Initial Consultation
Our personal injury attorneys offer a free consultation during which you can discuss your case, learn about your legal rights and options, ask questions, and inquire about our attorney fees. This allows us to get to know you and better understand your case.
Case Evaluation
Next, our accident attorneys evaluate your case thoroughly. We review all information about your case, including accident reports, medical records, photos you took, and other evidence you provided us. We want to understand the factors involved and whether you have a viable personal injury claim.
Representation Agreement
If the evaluation shows that you have a personal injury case that we can help you with and you decide to hire us, we prepare a written representation agreement. This agreement explains that our injury attorneys will work on a contingency fee basis and the terms of our representation.
Investigation
Next, our legal team conducts a detailed investigation, which may consist of the following:
- Interviewing witnesses
- Consulting expert witnesses
- Issuing subpoenas
- Requesting additional information from third parties
During this phase of your case, we are trying to build as strong of a claim as possible.
Negotiation
After we have evidence to establish liability and the full extent of your compensatory damages, we try to negotiate a settlement with the insurance company or defendant. This approach can sometimes allow us to recover meaningful compensation without the stress or time delays of a trial. Through a settlement, you may be able to receive money for your medical costs, lost wages, pain and suffering, and other actual damages you have suffered.
Litigation
If we cannot reach a reasonable settlement on your behalf, we can file a personal injury lawsuit on your behalf that states the details of your claim and the amount of monetary compensation you are seeking. Our skilled trial lawyers can represent you during all phases of litigation, including filing pre-trial motions, conducting discovery, and continuing to negotiate on your behalf. We represent you at all hearings and the trial, advocating for the financial compensation you deserve.
Disbursement
If we receive a settlement check or win a trial verdict, we disburse the funds to you promptly after making all necessary deductions.
Contingency Fee Example
Here is an example of how a contingency fee agreement might work: You were injured in a car accident. You suffered monetary damages and non-economic damages of $100,000. Your lawyer’s retainer agreement says that they receive one-third of your settlement. You settle your case for $100,000. Your attorney’s fee is $33,333.
California Contingency Fee Rules
California has specific rules about contingency fee agreements when lawyers can use them, and how attorneys must structure them. Contingency fee agreements are not allowed in certain types of legal cases, including in a family law matter in which the payment or amount of the attorney’s fee is conditioned on dissolving or annulling a marriage or on the amount of spousal support, child support, or property settlement value made in lieu of financial support or in representing a defendant criminal case.
Lawyers must also ensure that their retainer agreements are in writing, that they provide a copy of the agreement to the client, and they include the following information:
- The contingency fee rate the lawyer and client have agreed on
- A statement regarding how disbursements and costs incurred in connection with the case affect the contingency fee and the client’s recovery
- A statement about any requirement for the client to pay the attorney for their services, including any amounts the lawyer obtained for the client
- A statement that the fee is negotiable unless otherwise set by law
How Is a Contingency Fee Determined?
Lawyers in California are not allowed to charge an “unconscionable or illegal fee.” When determining whether an attorney’s fee is reasonable, courts can consider various factors, such as:
- Whether the fee is fixed or contingent
- The novelty and difficulty of the legal issues involved
- The skill required to perform legal services properly
- The fee amount in proportion to the value of the legal services
- The nature and length of the professional relationship between the lawyer and the client
- The client’s and lawyers’ relative sophistication
- The amount of money involved and the results the lawyer obtained
- The lawyer’s experience, reputation, and ability
- The time and labor required
- The time limitations the client imposes or that otherwise apply due to the circumstances
- The likelihood that taking the case would limit the lawyer from taking other cases
There are certain types of cases where the percentage of the contingency fee is capped by law. For example, lawyers handling medical malpractice cases are subject to a 25% limit on their fees.
Pros and Cons of a Contingency Fee Arrangement
Before entering into a contingency fee arrangement, consider the pros and cons.
Pros
There are many advantages to a contingency fee arrangement. You don’t have to pay for your lawyer’s services upfront. You have reduced financial risk because you don’t have to pay if you don’t secure financial compensation. Your lawyer’s goals are aligned with yours because they only get paid if you get paid.
Cons
You might pay your lawyer more for their services than if you calculated a reasonable hourly fee for their services with a contingency fee agreement. However, receiving services upfront and without risk usually offsets this con.
Learn More When You Contact Allen Law Firm
At Allen Law Firm, we understand how an unexpected accident can derail your life. Our legal team is committed to pursuing justice and accountability for you – all at no upfront cost to you. We work diligently to secure compensation that can help accident victims and their families. Contact us today to schedule a free case review with one of our experienced and caring lawyers.
