Maison Law advocates for personal injury victims across California. There is no hourly charge for our legal services and we offer free consultations to all who seek advice concerning their legal matters. We operate on a “contingency” basis, meaning you don’t pay us unless we win your case. For more information, contact Maison Law today for a free case evaluation and see what legal options are available to you.
Lawyer Contingency Fees In California Personal Injury Claims
Mounting medical bills, property damage, and lost wages after an accident make affording a personal injury lawyer seem impossible. But the truth is most personal injury lawyers in California are affordable because they do not require you to pay anything upfront. Instead, they work on a contingency fee basis, meaning you only pay their attorney’s fees if they win your case.
The attorney’s fees are usually a percentage of the compensation recovered through a settlement with the insurance company or jury verdict. Typical contingency fees range anywhere from 30% – 40% with your signed agreement stating the exact percentage amount. Oftentimes, law firms will stagger their percentage, so they can get a higher percentage if your case goes to court due to the increased amount of trial work required.
How Do Contingency Fee Agreements Work?
The contingency fee agreement normally specifies how much a lawyer will charge for their services and under what circumstances they will be paid. The way payment works is the lawyer agrees to represent the client in exchange for a percentage of any settlement or award the client receives. This payment is contingent on the case resulting in a successful outcome for the client. Typically, if the case is not successful, the client does not owe the lawyer anything.
Instances where lawyers do not work on a contingency fee basis include hourly fees or a flat rate fee based on the client’s specific needs. It is important for clients to always to review the terms of a fee agreement and personal injury lawyer fees. Be sure to ask questions if you’re unsure about any language within the agreement and always retain a copy for your records in case you decide to change attorneys.
How Do Fee Agreements Work if I Change Lawyers?
Let’s say you are 17 months into a high-value, personal injury case. As of late, it is becoming impossible to contact your law firm, and your concern mounts as they have yet to file the complaint. Your firm has barely scratched the surface of your case, only collecting your medical records and speaking to a couple of witnesses. In cases like this, it is common to wonder about switching lawyers and wonder if they are they still entitled to the agreed-upon contingency fee.
In California, all clients reserve the right to change attorneys at any stage of your case, even if you’ve signed a contingency fee agreement. However, there are some considerations to be mindful of:
- You should write a formal termination letter to your law firm and request they transfer your file to the new attorney.
- Your former attorneys will be entitled to a portion of your settlement based upon the amount of work they’ve done on your case. This is referred to as “Quantum Meruit,” which means, “as much as deserved.” If your former law firm has done hardly any work then they will only be entitled to a small amount. Your new attorney will be responsible for negotiating with your former firm as to how much compensation they can receive from your settlement.
- There will most likely be delays in your case for switching attorneys, but a temporary setback may seem worth it if you are unhappy with your current representation.
Contact Maison Law for a Personal Injury in California
You should always remember that attorneys may be handling hundreds of lawsuits per year. You only get one chance at fair compensation for all you’ve gone through. So, it is important that you partner with a trusted personal injury law firm that takes the time to understand both the factual and legal sides of your case. If you’ve lost confidence in your current representation, or are seeking legal advice, contact Maison Law today for a free consultation and case evaluation.
