Access to the System — Contingency Fees

Those harmed by negligent parties should have legal representation to achieve fair compensation for their injuries. The Insurance Research Council has found that, on average, claimants represented by a personal injury attorney wind up with significant more compensation than those who aren’t represented.

But some people are hesitant to contact a personal injury attorney because they can’t “afford attorney fees”. That’s where contingency fees come in.

A contingency fee is an agreement whereby a personal injury attorney agrees to represent a client and is paid only after a successful recovery of compensation (settlement or trial award). If recovery efforts are unsuccessful, the client owes nothing.
Most reputable personal injury attorneys offer contingency-fee agreements to their clients. Additional costs incurred throughout the legal process (e.g., court and filing fees, expert witnesses, obtaining evidence/records, depositions) will typically be advanced by the attorney, who is reimbursed for those costs when the matter is resolved by settlement or verdict.

Unlike the insurance industry, which have taken our premiums for decades before a claim may be presented and have almost unlimited cash to hire teams of insurance defense counsel, a victim presented a claim to Goliath needs a David in their corner. A contingency fee agreement allows victims of someone else’s negligence to hire an attorney to go toe to toe against the defense.

If you have been injured by someone else’s negligence is is usually not prudent for you to go it alone.