Personal injury lawyers recognize that many clients need legal help but do not have any extra money for legal fees or retainers. Thanks to the contingency fee arrangement, you can hire a Cape Girardeau personal injury attorney to handle your case with no money.
A common fee structure most personal injury lawyers use is a contingency fee, which places the financial burden of a case on the law firm and liable parties rather than the client.
As the client in a contingency fee arrangement, you never pay the law firm out of your own pocket. The firm covers all case-related expenses and only receives a fee if it obtains compensation for you.
Even then, the fees come directly from your settlement, so you never have to come up with the funds from your own bank account.
The Benefits of Contingency Fees
As a client, a contingency fee structure has many benefits:
- You can hire a lawyer with no money: Many people need legal help but don’t have the money to hire a lawyer out of their pocket. Contingency fees ensure you can afford to hire a lawyer even if you don’t have any money.
- You don’t have to worry about the direct cost of your legal case: Even if you had money to pay for an attorney, you might choose not to spend that money if you didn’t have to. When you hire a layer using a contingency fee arrangement, you don’t have to worry about the cost of legal services.
- Your law firm has a clear financial incentive to win: In a contingency fee arrangement, it receives its fee as a percentage of the client’s settlement or jury award. Therefore, the law firm has every incentive to obtain as much compensation as possible for you.
- Your law firm can invest many resources in the case: When you have a law firm handle your case, you know the law firm has financial reasons to win. Therefore, you can expect the law firm to invest many resources, including expert services, into winning the compensation you deserve.
Contingency fees are the common fee structure among personal injury lawyers.
Who Can Hire a Lawyer Using a Contingency Fee?
Those who suffered an injury and are seeking compensation for damages typically hire personal injury lawyers on a contingency basis. The same is true of those who lose a loved one in a manner that qualifies as a wrongful death.
Personal injury lawyers handle many case types via contingency fees, including:
- Car accident cases
- Truck accident cases
- Motorcycle accident cases
- Pedestrian accident cases
- Slip and fall cases
- Trip and fall cases
- Other premises liability cases
- Defective product cases
- Animal attack cases
- Boat accident cases
These are examples of the many case types a lawyer will handle using a contingency fee structure. If you suffered injuries or pain and suffering, or you lost a loved one under wrongful circumstances, you can hire a lawyer at no out-of-pocket case.
Why Law Firms Offer Contingency Fees
You may wonder why a law firm will agree to accept a case without seeing any upfront compensation from the client.
Personal injury law firms embrace this fee structure because:
- They know many clients don’t have money for a lawyer: Lawyers understand that many clients worthy of legal representation don’t have much money. These clients may have never had much money, while others may be in temporary but difficult financial circumstances. A contingency fee allows a lawyer to represent any client needing help.
- The law firm can afford to handle all case costs: Law firms that use contingency fees have the resources necessary to pay the upfront cost of a case. While some law firms have more resources than others, any firm that uses a contingency fee should have enough money to complete the case capably.
- The law firm is confident that it will succeed: If a law firm is going to cover the upfront cost of a case, it must be confident that it can win. Otherwise, the law firm will be taking a massive risk of significant financial loss. Therefore, law firms usually accept cases on a contingency basis because they believe the case is strong enough to win.
Services You Receive in Exchange for a Contingency Fee
When you agree to hire a personal injury attorney using a contingency fee, your lawyer agrees to handle every step of your case.
Many cases begin as insurance claims, and some become lawsuits—usually if liable parties won’t offer a fair financial settlement.
The services your lawyer is likely to provide include:
Proving Negligence
Your lawyer will be seeking compensation from someone. Therefore, your lawyer must prove that the liable parties did something to cause you harm—in most cases, lawyers refer to this as negligence.
Negligence occurs when:
- Someone owes another person a duty of care
- A person violates the duty of care
- The violation of the duty of care causes a harmful event
- The harmful event causes the victim to suffer damages
When a motorist speeds and hits another vehicle, they are negligent. The doctor is negligent when a doctor commits malpractice and injures a patient. Your lawyer will work to prove whose negligence has caused you to suffer injuries or lose a loved one.
Obtaining Evidence of the Negligence That Caused You Harm
Your lawyer will pursue all evidence that is relevant to your case. The type of event that caused you harm will determine the types of evidence your lawyer collects.
For instance, in a case of medical malpractice, a lawyer may secure:
- Statements a doctor has made admitting to negligent care
- Medical experts’ testimony about how the medical professional committed malpractice
- The client’s medical records (which can be evidence of a misdiagnosis, for example)
- Photographs of an unsanitary work environment
Evidence in a car accident case may look completely different. Whatever your unique circumstances, your injury attorney will seek evidence to benefit your case.
Documenting Your Damages
Your legal team will need to prove how the liable parties’ negligence has affected you.
Some common documentation of plaintiffs’ damages include:
- X-rays, MRIs, and other medical images of injuries
- Photographs of injuries
- Medical bills
- Past income statements that display the value of your lost income
- Any other evidence of your economic and non-economic damages
Expert testimony may be necessary. For example, many traffic accident victims suffer post-traumatic stress disorder. Your lawyer may hire a mental health expert to diagnose such a condition, and this diagnosis may serve as documentation of your damages.
Calculating a Case Value
Your lawyer’s success will depend on them obtaining the compensation you deserve. This means your lawyer must establish how much compensation you deserve.
Your case value will include:
- Current and future economic damages
- Current and future non-economic damages
Your personal injury attorney will work to ensure you face no financial burden once your case is complete.
Negotiating a Settlement
Attorneys have experienced negotiators, as most cases involve some degree of financial negotiations.
Your lawyer will prepare for and lead settlement negotiations on your behalf. They will enter negotiations with ample documentation of your damages, evidence of negligence, and a precise settlement target.
Most civil cases lead to a settlement, and your lawyer will work to secure a fair settlement for you.
Leading Any Necessary Lawsuit and Trial
Some civil cases lead to lawsuits and trials.
Personal injury lawyers handle these aspects of cases, which involve:
- Drafting and filing a lawsuit before the statute of limitations expires
- Guiding you through any necessary deposition
- Making opening statements
- Presenting all relevant evidence
- Questioning witnesses
- Requesting a fair financial award from the jury
- Overseeing the many other developments that happen during a trial
Filing a lawsuit does not mean your case will go to court. Your attorney will likely continue to negotiate a settlement after filing the lawsuit. If liable parties continue to reject your lawyer’s settlement demands, a trial may happen.
Your Personal Injury Lawyer Will Seek a Fair Financial Recovery for Your Damages
Your lawyer will demand fair compensation for all damages resulting from the defendant’s negligence.
Each victim of negligence experiences different economic and non-economic damages, but common types of harm in personal injury cases include:
- Pain and suffering, which can include anxiety, depression, physical pain, post-traumatic stress disorder (PTSD), lost quality of life, scarring and disfigurement, and other similar damages
- Medical costs, which can include the cost of emergency services, diagnostic imaging, surgery, hospitalization, and other items and services
- Professional damages, which may include lost income, diminished earning power, lost bonuses, inability to earn promotions, and lost benefits
- Property costs, which may affect those in auto accidents and certain other case types
- Disability-related damages, which can include the cost of medical equipment, permanent income loss, disability-related home updates, pain and suffering, and rehabilitation costs
Attorneys evaluate each client’s damages on a case-by-case basis, as each has unique damages. Your attorney will determine the financial cost of your damages so they can demand the compensation you deserve.
Recoverable Damages in Wrongful Death Cases
Lawyers help those who have suffered wrongful deaths. These cases are immensely sensitive and important, and those affected by the death are often unprepared to deal with a lawsuit.
Recoverable damages in such cases may include:
- Survivors’ pain and suffering (including grief)
- The decedent’s pain and suffering
- Funeral and burial expenses
- Loss of the decedent’s income, household services, and work-related benefits
- Loss of consortium
You may also face medical bills, vehicle repair costs, and other damages. A lawyer will include such damages in their calculation of the value of the case.
The Fee Structure Is Only One Factor to Weigh When Choosing an Injury Lawyer
Once you decide to hire a lawyer, you must find a specific attorney to lead your case.
You should determine whether a law firm offers a contingency fee, and you may also consider:
- The strength of the firm’s case results: Case results are one objective measure that separates one law firm from the next. You should seek a law firm with a long record of case results, specifically in similar cases.
- How former clients speak about the law firm: Former clients may alert you to potential issues you can encounter with a law firm. On the other hand, client reviews may confirm that a law firm is reliable, client-focused, and well-suited to handle your case.
- Whether the law firm handles your case type: A law firm must have experience handling cases like yours. For instance, if you need compensation because a defective product caused injuries, you should seek a law firm that focuses on product liability cases.
- Whether the firm has an office near you: Close proximity is always a benefit when hiring a law firm. While a lawyer can handle your case effectively from a distance, it is usually preferable that a law firm is located near you.
- How the law firm handles your free consultation: Use free consultations to vet prospective law firms. You can ask the firm’s representative questions about your case and the law firm itself. This is the opportunity for the law firm to convince you that it is a good fit for your case.
The internet is an easy means of researching law firms. Take advantage of the information on the web to identify prospective law firms and contact them for your free consultation.
Don’t Wait to Hire Your Personal Injury Attorney
Time is of the essence when seeking a lawyer.
If you wait to retain your attorney, you may:
- Prevent your lawyer from gathering important evidence
- Risk missing the filing deadline for your case
- Spend time worrying about your case instead of letting a lawyer take over
- Risk losing compensation that you can otherwise obtain
Law firms are often available 24/7 to evaluate cases and speak with prospective clients. There is no reason to wait before starting your search and finding the right law firm to represent you.