Most personal injury attorneys charge a contingency fee for personal injury cases. You won’t pay an attorney any upfront costs to handle your claim, but if you win your claim, the attorney will take a percentage of the settlement. Most attorneys charge 33% to 40% of your final settlement for their services.
Personal injury fees are contingency-based so clients can hire an attorney without having to pay legal fees upfront. If your claim is unsuccessful, you may owe for expenses related to your case.
What Do You Pay for a Personal Injury Attorney?
A lot of people will think that they must pay an attorney upfront to engage their services. That's not the case in injury claims. In injury cases, personal injury lawyers will charge what's called a contingency fee. An attorney’s fee is contingent on getting some recovery for the client, and that fee is a percentage of the recovery.
You may have heard the phrase “no fee if no recovery.” If the attorney doesn't get any money out of the insurance company or out of the driver that hit you, then you don't pay the attorney a fee. The contingency fee traditionally is a third of the recovery from the auto insurance company.
What Does BenGlassLaw Do Differently?
Some attorneys are all too happy to take your personal injury case, and they never tell you that most small car accidents can be settled without an attorney. How can you know that your case requires an attorney? What should you do if you don’t need an attorney?
BenGlassLaw will never try to convince you to hire us if we don’t believe we will add value to your claim. BenGlassLaw believes in empowering through education, and for the car accidents that we know the victim doesn’t need an attorney, we will direct you to our resources to handle the case yourself.
How Does BenGlassLaw Evaluate Personal Injury Cases?
Our lawyers perform a Six-Point Assessment of your case to determine whether hiring an attorney makes sense for you.
- Determine Fault – Virginia is a contributory negligence state. If you are at-fault for your accident, even 1% at-fault, you cannot recover damages for your accident. Often, insurance companies use this to reject personal injury claims, even when the victim didn’t contribute to the accident.
- Current Injury – The worse your injury, the more it makes sense to hire a lawyer for your personal injury claims. Accident victims with serious injuries, like broken bones or torn ligaments, should consult with an attorney BEFORE making any recorded statements with the insurance company.
- Previous Injuries – Insurance companies love to use previous injuries as a reason to fight car accident claims. They will point to your previous injuries and claim your car accident injuries are “preexisting.” We will review with you your past medical history to see what impact your health history will have on your settlement.
- Treatment – Insurance companies have a ”length of treatment algorithm” that they use to determine how long you should be treating. If your medical treatment takes longer than the insurance company deems is normal, they will not give you a fair offer for your medical bills.
- Car Insurance – “You can’t get blood from a stone.” We have seen more good cases torpedoed by poor insurance then we can count. As most people don’t know, it is perfectly legal to drive in Virginia without car insurance. If the person who caused your accident is uninsured or underinsured, we will need to look at your policy to see if we can find coverage to pay for your damages.
- Your Health Insurance – Many health insurance companies will seek repayment of bills they paid on your behalf. Will make sure they don’t get more than they deserve (which is sometimes zero).