All attorneys fees are negotiable with the exception of medical malpractice cases which has a sliding scale maximum fee schedule per statute. For typical personal injury cases (car accidents, slip and falls, assault & battery cases), most lawyers commonly charge 1/3 of the recovery to start, and at a certain point the fee may increase to 40 or 45%. Again, such fees are negotiable and some lawyers may charge more or less. Usually there is no fee if there is no recovery. Some lawyers charge a non-refundable fee up front, but most do not for personal injury cases. Personal injury cases, like other litigation matters, have costs. There are filing fees, messenger fees, process server expenses, deposition court reporter costs, postage expenses, expert fees, photocopying expenses, fax expenses, computer research charges, jury fees, just to name a few. Some lawyers will advance the costs for a case and get reimbursed out of the proceeds of the recovery, thus they take their fee plus the costs out of the recovery. Some lawyers do not and require the client to pay for the costs as the case moves along, or they may require that the big expenses are paid by the client (e.g., filing fees, deposition costs and expert fees). If the case is lost, the client typically pays no fee for the attorneys services, but should be obligated to reimburse the attorney for the costs advanced. Some lawyers waive or reduce the costs if the case is lost while others do not.
Answered on Jan 04th, 2011 at 5:28 AM