How Do Virginia Personal Injury Lawyers Get Paid?
Most Virginia personal injury lawyers work on a contingency fee basis, meaning they are only paid if they successfully settle or win your case. Their fee is typically a percentage of the money recovered, often around one-third (33 1/3%).
The settlement also reimburses case-related expenses, such as filing fees, medical records acquisition, or expert witness costs.
If your case isn’t successful, most personal injury lawyers don’t charge for their legal services, though they may ask to be reimbursed for case-related expenses.
These terms are outlined in an attorney-client contract and explained upfront before representation begins.
Does the contingency fee increase if my case goes to court?
While most cases are resolved through settlements outside of the courtroom, there are situations where your lawyer may determine that presenting your case to a jury would be more beneficial.
If a lawsuit becomes necessary because a settlement cannot be reached, the attorney’s fee may increase to reflect the additional work required. This can include tasks like conducting depositions, hiring expert witnesses, participating in mediation, or going to trial.
In such cases, the contingency fee often increases to 40% or more, depending on the complexity of the case. Again, this should be outlined in the attorney-client contract agreement.
How does a contingency benefit me in a personal injury case?
Contingency fees benefit clients by sharing the financial risk with the attorney, creating an incentive for lawyers to work hard to achieve the best outcome. It also reflects the attorney’s confidence in the case, as they wouldn’t take it on without believing in its potential for success.
This arrangement is especially helpful for clients who can’t afford to pay legal fees upfront.
However, regardless of the arrangement, the terms should always be in writing, clearly outlining the lawyer’s services and any expenses the client may need to cover. Even in an unsuccessful case, costs like court fees, courier charges, or travel expenses may still apply.
Do any personal injury lawyers charge hourly fees instead?
Yes, some personal injury lawyers charge an hourly billing rate instead of working on a contingency fee. This arrangement means the client pays the lawyer for every hour they work on the case, regardless of the outcome. Hourly rates can vary depending on the lawyer’s experience and the complexity of the case.
When hiring a lawyer on an hourly basis, clients typically pay a retainer upfront, which is an initial deposit to cover future legal work. The lawyer then deducts their hourly fees and any additional case-related expenses (e.g., court filing fees, expert witnesses, travel costs) from the retainer as the case progresses. If the retainer runs out, the client must provide additional funds.
Unlike a contingency fee arrangement, clients are responsible for paying these fees whether they win or lose the case. This structure is less common in personal injury cases since many clients cannot afford to pay hourly fees upfront, especially when dealing with unexpected injuries and financial stress.
Our No Fee Promise
The Virginia personal injury lawyers at the Law Offices of Richard J. Serpe, PC, offer a No Fee Promise, meaning you won’t owe any legal fees unless we successfully settle or win your case. We’re dedicated to fighting for a fair settlement on your behalf and only charge fees if you recover compensation.
We recognize that the cost of a lawsuit can deter people from seeking justice, which is why we believe everyone deserves a chance to stand up for their rights. Our No Fee Promise helps level the playing field against powerful corporations and insurance companies with vast resources.
Once we accept your case, we’ll clearly explain how payment works, with fees tied to settlements or verdicts. What matters most is that we’ll work tirelessly to secure the fair settlement you deserve.