Attorney Fees in Injury and Death Cases

Kay Whitson

Contributor

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Virtually all attorneys who handle injury and death cases handle them on a contingent fee basis.  Most attorneys charge 33 1/3% if a case is settled before litigation and 40% if litigation is necessary.  However, some attorneys charge as much as 50%!  But what a lot of attorneys don't tell you is that contingent fees are

negotiable.  Many lawyers are willing to discuss reduced fees depending on several factors in the particular case.  The most important factor for me is the strength of the liability case.  In an automobile case where the victim was rear-ended while stopped at a stop sign liability is clear and a recovery, while not guaranteed, is very probable.  In this case a client would be justified in asking for a lower fee percentage.  However, in an intersection collision in which both drivers claim they had the green light, and they are the only witnesses, liability is much less clear and the attorney may be justified in asking for a higher percentage fee than in the first example.  Future blogs at this site will address other aspects of contingent fees.