Maison Law helps injury victims in California by answering their questions about the personal injury case process. Many clients wonder what they can get from the claims process, and whether they even need a lawyer. While every case is different, having a lawyer is usually in your best interest. But that can have implications when it comes to a settlement. Our team takes pride in our approach and our ability to help our clients. To learn more about how we can help you, contact us today for a free consultation.
How Much Do Lawyers Take From a Personal Injury Settlement?
Every lawyer has different fee structures for its clients. Most of the time, this depends on the type of case the lawyer handles. For example, a personal injury firm like Maison Law uses a “contingency fee”, meaning we take our fee from whatever settlement or verdict we get for our clients. This works well in both directions, because it costs nothing upfront for the client and gives us incentive to get the most out of whatever result we can get for their case.
On the other hand, defense lawyers and family law attorneys typically work off of a retainer fee, which is usually a monthly payment based on the work (or whatever else) the firm decides to charge the client.
In terms of what a lawyer takes from a settlement, it depends on what the fee agreement is. Virtually every lawyer discusses their fees with the client in their first few meetings, which gives the client an idea of what kind of costs they’ll be looking at to go through the legal process.
So, in a personal injury settlement, many lawyers use a contingency fee of between 33 and 40%. If your case settles for $100,000 with a 40% contingency fee (which is common in personal injury cases), you would get:
- $60,000 and the firm would get $40,000, roughly speaking.
As an injury victim, you need to put together a strong claim to get the most out of the legal process. And in order to do that, it means taking important steps after the accident.
What Can You Do to Strengthen Your Claim?
When you’re hurt in an accident, you have the legal right to file an injury claim to recover damages. These damages are going to relate specifically to your injuries and other losses from the accident, and what you’re able to recover is going to be given to you in a settlement or verdict.
But you don’t get this settlement just by filing the claim. You have to actually prove your case by showing your losses. And the best way to do that starts with taking certain steps right after the accident happens. So, to strengthen your potential claim, here’s what you can do:
- Call 911 to report the accident to police and to dispatch an ambulance to the scene.
- Once EMTs arrive, get medical care. Once your health is stabilized and the scene is documented, get further care at an ER or urgent care. You have to tie your injuries to the accident itself through medical records
- If it’s safe, take pictures and videos of the accident scene. Make sure to get visual evidence of any damage to your things, your injuries, or anything that caused the accident. This makes your claim stronger.
- Get contact and insurance information from any witnesses and anyone else involved in the accident. This is important for insurance purposes, and witness testimony can also strengthen your claim.
Every case is different, so depending on the type of accident and severity of your injuries, it might be difficult to carry out some of these steps. It’s here that having our team on your side can really help you. We can make sure you have the evidence and information you need for a strong claim–and hopefully–a better settlement.
What Makes Up a Settlement in California Personal Injury Settlement?
Whether you decide to file an insurance claim out of court or a personal injury lawsuit in civil court, California law makes certain “damages” available to you that make up what you get in a settlement.
But again, this depends on how well you present your case and the extent of your losses. Different accidents have different types of losses, but the law makes several categories of damages generally available. These include things like:
- Medical expenses – These damages cover the costs for medical treatment and related bills.
- Lost income or earning potential – These cover any income you lose out on due to your injury. It can also be applied to future wage loss in the event of a permanent injury.
- Property damage – This is meant to cover any repair or replacement costs for damage to your personal property, like your car in a car accident or personal items.
- Pain and suffering – These damages relate to costs for the physical pain and mental discomfort caused by the injury.
- Emotional distress – similarly, these damages provide costs related to the accident’s psychological impact and emotional suffering you go through
- Reduced quality of life – These damages are for the reduced quality of life and the impact on relationships that your injuries have on you.
Remember, that even with a strong case, there’s no guarantee of a positive outcome in a claim. However, working with our experienced California personal injury lawyers at Maison Law will help you get the most out of your claim.
Contact Maison Law For Legal Guidance and Support in California
If you’re injured in an accident in California, having experienced legal guidance and support can make all the difference in how your claim plays out. At Maison Law, we understand the urgency of protecting your health and legal rights. You don’t have to handle this difficult situation on your own. Contact us today for a free consultation and let our team guide you through the legal process.
