What Is the Average Cost of a Personal Injury Lawyer?

Every personal injury lawyer sets their own fees depending on a number of factors, including the type of law, their expertise, the difficulty of the case, and more. If you have been injured due to the negligence of another person, you may be entitled to compensation.

But to receive that compensation, you will likely need to hire a personal injury lawyer. Everyone has heard stories about how expensive attorneys can be. Here are some facts about the costs associated with personal injury legal representation.

Common Fee Structures for Personal Injury Lawyers

Personal injury attorneys have the option of being compensated however they see fit, within certain legal and ethical limits. Their fee structure should always be discussed upfront.

It is likely that the accident that caused you to seek an attorney was enough of a surprise and you don’t need any more of those.

According to the National Safety Council, there were 48.3 million injuries in 2019 and 173,040 preventable deaths. There is no way to determine exactly how many personal injury cases arise every year since most never make it to the courtroom stage.

But recent statistics state that as high as 95 percent of cases are settled prior to litigation, so it is fair to say that you are not alone.

Contingency Fee

According to Emmanuel Sheppard & Condon, personal injury lawyers take cases on contingency more than any other area of law. With this type of fee structure, you will not pay your lawyer unless and until you receive monetary compensation for your case.

Your attorney’s payment is contingent on you receiving compensation for your personal injury. This also incentivizes attorneys to take cases they are confident in and to work hard to get you results.

It’s important to determine contingency fees upfront. The average range is between 30 and 40 percent, but it can vary depending on a number of factors. You should note that other expenses—such as witness costs, court filing fees, and other incidentals—are usually the responsibility of the client regardless of the verdict.

Hourly Fee

Many attorneys bill by the hour. This requires attorneys to keep a detailed account of the hours they work on your case and the out-of-pocket expenses that you will be responsible for. This is less common for personal injury cases, but it’s not unheard of.

Flat or Fixed Fees

This type of fee structure is rare for personal injury attorneys. Flat fees are most common for specific services like real estate transactions, and drafting documents such as wills or business agreements.

Factors that Impact Personal Injury Attorney Fees

It is reasonable to assume that not all attorneys have the knowledge and skills to achieve the same results. This is why fees and contingency percentages can vary among personal injury lawyers.

Amount of Research Required

Though you may be confident that you know all the facts of the case, the other side likely feels the same way. Gathering evidence can mean tracking down witnesses, documents, camera footage, or whatever may be necessary to prove your case.

Your personal injury attorney will also have to spend time researching relevant statutes and case law to support your claim.

Complexity of the Case

Just because your case is complex does not mean it is not worth the effort of pursuing legal justice. The difficulty of your case could have an impact on the fees associated with legal representation.

Obscure laws, availability of evidence, and complex circumstances can create difficulties that drive attorney fees higher.

Experience and Specialization

Personal injury is a general area of law that covers a lot of different injury scenarios, including car crashes, slip and fall accidents, product liability, dog bites, medical malpractice, and more. It is common for an attorney to specialize in a certain case type so they can become the best in that specific area of law.

Overhead Cost

The overhead costs for each personal injury attorney vary by practice. Costs include support staff, office space, equipment, technology, costs of continuing education, and travel expenses. Areas that have a higher cost of living typically have higher overhead costs for attorneys as well.

Full Disclosure is Crucial

Transparency helps to establish trust between you and your attorney. After a thorough review of your case, your attorney should discuss fee expectations among other considerations.

It is important to make sure that you and your personal injury lawyer have similar expectations. Discuss the estimated timeframe to resolve the case, complexities that exist or may arise, concerns about representations, and realistic potential outcomes for your case.

Make sure your agreement is in writing and included all additional costs that might be incurred.