How Contingency Fees Can Help With Personal Injury Claims
Q: I’ve been injured and want to speak with a lawyer, but I can’t afford to pay a retainer. Do I have any other options?
A: If the only way to hire a personal injury lawyer was to pay up front, most injured people could never afford to pursue a claim, regardless of its merit.
Legal fees can quickly add up to thousands of dollars and people injured are often out of work, fighting for disability payments or otherwise financially disadvantaged as a direct result of the challenges they’re facing.
For this reason, our legal system permits and respects the key role a contingency fee agreement (CFA) plays in allowing people access to justice. You may not be familiar with the term but likely understand the basic concept.
Under a CFA, you only pay your legal fees upon the resolution of your matter, either through settlement or an outcome at a hearing or trial. The fees are typically calculated as a percentage of the eventual outcome, typically from 25 to 30 per cent, although it can vary from firm to firm, and can depend on the type of case.
The law firm will usually front all the out-of-pocket costs of pursuing a matter, as expenses associated with litigation can add up to thousands of dollars quickly. They can include court filing fees, hiring investigators or expert witnesses, obtaining medical records, and a host of other items.
These disbursements, as they’re known, also come out of the eventual settlement — and your lawyer will usually be successful in arguing for those costs to be added to the amount agreed upon with the other side.
Most personal injury lawyers will be happy to meet for an initial consultation without any fee.
People injured or denied insurance claims should not be discouraged from speaking with a lawyer. If you find yourself in need a personal injury lawyer to review your case, contact me at bsimo@rossmcbride.com or 905-572-5819.
This article was originally published by The Hamilton Spectator.
