Legal Fees in Personal Injury Cases

Understanding Contingency Fees

We believe in transparent legal fees. We promise not to charge you a single penny unless we make a recovery for you.

At Bourne Law Firm, we understand that the financial burden of a personal injury can be overwhelming. We believe that everyone should have access to quality legal representation, regardless of their financial situation.

That’s why we work exclusively on a contingency fee basis for personal injury cases.

What Is a Contingency Fee?

A contingency fee means that attorney fees are “contingent” upon winning your case. If we don’t recover compensation for you, you don’t owe us any attorney fees.

This arrangement eliminates the financial risk of hiring an attorney. You’re not paying by the hour, and you’re not paying a retainer upfront.

Our Fee Structure

Our contingency fee structure is designed to provide you with the best possible outcome while minimizing your financial risk.

Pre-Suit Settlements: 33⅓%

If we are able to reach a settlement with the responsible party or their insurance company before filing a lawsuit, our fee will be a flat rate of 33 and 1/3% of the total settlement amount.

This means you keep the majority of your compensation. We cover our costs and are fairly compensated for our work.

Example:

• Total settlement: $150,000
• Attorney fee (33⅓%): $50,000
• You receive: $100,000

Cases That Go to Trial: Up to 40%

In some cases, it may be necessary to go to trial to achieve the best possible outcome for your case. When this happens, our fee structure changes to a sliding scale with a maximum fee of 40% of the total recovery.

This ensures that you are not overburdened by legal fees while still benefiting from our extensive trial experience and advocacy.

Trial work is significantly more time-intensive and requires:

• Expert witness preparation
• Depositions of multiple witnesses
• Extensive legal research and motion practice
• Days or weeks in court
• Post-trial motions and appeals if necessary

Example:

• Jury verdict: $200,000
• Attorney fee (40%): $80,000
• You receive: $120,000

Benefits of Contingency Fee Arrangements

There are several benefits to hiring an attorney on a contingency fee basis.

No Upfront Costs

You don’t have to worry about paying any legal fees or expenses upfront. This allows you to focus on your recovery and healing process instead of worrying about how to pay for an attorney.

Traditional hourly billing can result in tens of thousands of dollars in legal fees before your case is even resolved. Contingency fees eliminate this barrier.

Aligned Interests

Our success is directly tied to your success. We are motivated to work diligently and efficiently to obtain the best possible outcome for your case.

If we don’t recover compensation for you, we don’t get paid. This ensures we’re invested in your case just as much as you are.

Reduced Financial Risk

You only pay legal fees if we successfully recover compensation for you. If we don’t win, you don’t owe us anything.

This is particularly important for accident victims who may be facing:

• Medical bills piling up
• Lost wages from being unable to work
• Uncertainty about future recovery
• Financial stress from the accident

Access to Quality Legal Representation

Regardless of your financial situation, you can have access to experienced and dedicated attorneys who will fight for your rights and interests.

Personal injury law requires substantial resources and expertise. Without contingency fees, most accident victims couldn’t afford the quality representation needed to win against well-funded insurance companies.

What’s NOT Included in Contingency Fees

It’s important to understand what contingency fees cover and what they don’t.

Case Expenses vs. Attorney Fees

Attorney fees (the contingency percentage) are separate from case expenses. Case expenses may include:

• Court filing fees
• Expert witness fees
• Medical record retrieval costs
• Deposition transcripts
• Investigation costs
• Copying and mailing expenses

At our firm, we typically advance these costs for you. They are reimbursed from your settlement or verdict before calculating the attorney fee percentage.

Example breakdown of a $100,000 settlement:

• Total recovery: $100,000
• Case expenses (advanced by firm): -$5,000
• Net recovery: $95,000
• Attorney fee (33⅓% of net): -$31,667
• You receive: $63,333

We will always clearly explain how expenses are handled in your specific case.

Medical Bills and Liens

Your settlement may also need to account for:

• Outstanding medical bills
• Health insurance liens (if your health insurance paid for treatment)
• Medicare or Medicaid liens
• Hospital liens

We handle negotiating these liens to reduce the amounts owed and maximize your net recovery.

Why Victims with Attorneys Recover More

Studies consistently show that injury victims who hire attorneys recover significantly more compensation than those who try to handle claims themselves.

The Statistics

Research shows that:

• Accident victims with attorneys recover 3.5 times more than unrepresented victims
• This holds true even after paying attorney fees
• Insurance companies offer higher settlements when they know you have legal representation

Example comparison:

• Unrepresented victim: Settles for $30,000
• Victim with attorney: Settles for $120,000
• After 33⅓% fee: Keeps $80,000
• Net benefit: $50,000 more than handling it alone

Why This Happens

Attorneys know:

• The true value of your case
• What evidence is needed to prove liability
• How to document all damages properly
• How to negotiate with insurance adjusters
• When an offer is too low and trial is necessary
• How to present your case most effectively

Insurance companies know unrepresented victims will accept less. They know attorneys will take them to trial if necessary.

Transparency and Communication

We believe in complete transparency about fees and costs.

What to Expect

When you hire us, we will:

• Provide a written fee agreement explaining everything clearly
• Keep you informed about case expenses as they’re incurred
• Explain settlement breakdowns before you accept any offer
• Answer any questions you have about fees or costs
• Provide detailed accounting when your case resolves

You should never be surprised by fees or costs. We maintain open communication throughout your case.

Comparing to Other Fee Structures

Understanding different attorney fee structures helps you appreciate the benefits of contingency fees.

Hourly Billing

Traditional hourly billing means:

• Paying $200-$500+ per hour for attorney time
• Upfront retainers of $5,000-$25,000+
• Monthly billing statements
• Costs regardless of outcome

For personal injury cases, this could easily cost $50,000-$100,000+ before resolution. Most accident victims cannot afford this.

Flat Fees

Some legal matters use flat fees (like drafting a will). This doesn’t work for personal injury cases because:

• Case complexity varies dramatically
• Time required is unpredictable
• Outcome is uncertain

Questions to Ask About Fees

When consulting with any personal injury attorney, ask:

Get Started Risk-Free

The contingency fee structure means you can pursue justice without financial risk. You deserve quality legal representation regardless of your current financial situation.

If you’ve been injured due to someone else’s negligence, don’t let concerns about legal fees prevent you from getting the compensation you deserve.