You were hurt in an accident. Now your medical bills are piling up, and you know you need legal help. One big fear holds you back: How will you afford it?
It’s common to assume that you’ll have to pay thousands of dollars upfront for experienced legal representation. Unfortunately, that belief often stops injured victims from contacting an attorney at all.
Here’s the good news: In most personal injury cases, at least if you hire Shapiro, Washburn & Sharp, you don’t have to pay anything up front.
We’ve helped countless injured clients get the justice and compensation they deserve without adding financial stress to their already difficult situation. Since 1985, we have dedicated our practice to helping people when they need it most, and we have achieved many notable settlements and verdicts in personal injury law.
In this post, we’ll explain exactly how paying for a personal injury lawyer works, why you can afford one, and how the system is designed so that your attorney’s interests are directly tied to winning your case. If you or a loved one has suffered a personal injury due to someone else’s negligence, please call our Virginia Beach personal injury attorneys today at 833-997-1774 for a free consultation.
What Is a Contingency Fee?
Most personal injury attorneys, including those at Shapiro, Washburn & Sharp, work on what’s called a “contingency fee basis.” This structure is designed to help injured victims gain access to quality legal representation without having to pay any fees upfront.
A contingency fee means that the attorney’s pay is contingent or dependent upon the successful outcome of your case. This means that your lawyer is betting on the success of your case. They get paid only if they receive compensation for you. You don’t pay anything upfront or during the case, and usually nothing if you lose.
If you do win compensation either via a settlement or jury verdict, the attorney’s payment comes out of the money they help you recover, so you’re never left with legal bills you can’t pay.
How Do Contingency Fee Arrangements Work?
When you hire a lawyer or law firm on a contingency basis, here’s what usually happens.
Initial Consultation
Most personal injury law firms—including Shapiro, Washburn & Sharp—will offer you a free consultation to evaluate your case. During this meeting, they’ll assess the strength of your claim and explain their fee structure. If you both agree to move forward, you’ll sign a written agreement that clearly states how much the lawyer will receive if you win. This percentage varies, but usually lands somewhere between one-third and forty percent.
Various Expenses and Fees
Once you’ve signed the agreement, the lawyer gets to work on your case. Here, additional fees may apply, including those for filing paperwork with the court, ordering accident reports, obtaining medical record copies, hiring expert witnesses, and other related expenses. The firm usually will pay these costs and expenses upfront and will only be reimbursed upon the successful completion of your case or claim.
Most firms will not require reimbursement for case costs and expenses if your case is not successful unless there is a particular reason for not receiving a recovery, such as your unwillingness to reasonably settle or if you withheld or concealed important information from your attorney. It’s important to discuss how these will be handled before you agree to work with any attorney.
Resolution of the Case
Once your case is resolved, the attorney’s fee and any reimbursable costs and expenses will be taken from the total amount you recover, depending on your agreement. If your case is unsuccessful, you don’t have to pay any attorney’s fees and you generally do not need to pay back out-of-pocket case costs and expenses.
As mentioned above, however, you may still need to cover certain out-of-pocket costs and expenses under certain situations. It’s best to have all these details spelled out in writing from the start so there are no surprises later.
What Are the Advantages of Contingency-Fee Arrangements?
There are several advantages to hiring an attorney or law firm on a contingency basis.
No Upfront Cost
This is perhaps the biggest benefit of this arrangement. You can get your attorney working on your case while you continue to recover, and you don’t have to worry about the cost. This makes legal representation possible regardless of your current financial situation.
Reduce Financial Risk
Because your attorney—not you—is putting up the money for the case and you pay only if you win, you’re not risking much in deciding to pursue your claim.
Motivated Representation
With a contingency arrangement, your attorney is highly motivated to do everything they can to help you receive compensation because their payment depends on the success of your claim or case.
Access to Resources
Law firms that work on a contingency basis can typically advance case expenses. That means they generally have the resources to thoroughly investigate and develop your case, and won’t hold back on hiring experts or gathering other evidence to present a strong argument in your favor.
Level the Playing Field
Because contingency arrangements make it possible for any victim to file a claim regardless of financial circumstances, they help level the playing field between large corporations and insurance companies and everyday individuals who have been hurt. This allows victims to seek justice no matter how big the negligent party may be.
What Should I Ask My Lawyer Before Signing an Agreement?
Before signing any agreement with a lawyer or law firm, it helps to ask these questions so you are clear on how that firm handles expenses.
- If we win, what percentage of the winnings will you take?
- Do you take a different percentage if the case goes to trial?
- Will I owe you anything if we lose?
- How do you handle case expenses like court fees, experts, document requests, etc.?
- Will your case expenses be deducted before or after you calculate your attorney’s percentage?
- Will I receive a written breakdown of all the costs when the case ends?
Any reputable law firm will be happy to answer these questions clearly and in writing, if you desire. Don’t feel like you have to hurry to decide—take your time and feel free to ask for clarification on anything you don’t understand.
How a Personal Injury Attorney Can Help
When you’ve been injured, the insurance company often hopes you’ll accept a quick, low settlement before you know the full value of your case. At Shapiro, Washburn & Sharp, our team has been representing injured clients in Virginia and across the East Coast for decades. Our attorneys have earned top legal honors, including being named to the Best Lawyers in America several years in a row.
We handle all personal injury cases on a contingency fee basis, meaning that there are no upfront costs to you. Our commitment is simple: we get paid only if we win your case. That way, you can focus on healing while we focus on fighting for your rights.
If you or a loved one is looking for a personal injury lawyer, contact us right away. We’ll evaluate your case and help you understand your options moving forward, then we’ll do everything we can to help, as we did for our client whose leg was crushed by a forklift driver. We helped him negotiate a $1 million settlement.
We have offices to serve you in Virginia Beach, Norfolk, Portsmouth, Suffolk, Hampton, and Chesapeake.
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Andrew Stover limits his law practice exclusively to personal injury law. Andrew is a member of the American Association for Justice, the Virginia Trial Lawyers Association, and the Virginia Beach Bar Association.