Unlike criminal or family law cases, attorney’s specializing in personal injury and insurance litigation is permitted to represent their clients on a “contingency fee,” basis. This means you will not have to pay your lawyer for his time if you do not obtain a recovery in your case,
For an injury claim, your attorney is entitled to a percentage of that recovery. That percentage depends on many factors, but cannot be higher than 33 1/3% if resolved without a lawsuit or 40% if a suit is filed and the opposing party denies any liability. However, that percentage can be less, depending on the amount recovered and the clients, “net” recovery after the attorney, medical specialists and costs are paid.
It has always been my practice to ensure that the client receives more money than a lawyer when a case is settled. If that requires that I reduce or waive my fee, so be it. It is my belief that you will receive more money at the end of a case with me as your attorney, then if you elected to represent yourself.
For a case involving the wrongful denial of insurance benefits, the law requires the insurance company to pay your attorney in the event it is shown the claim was improperly denied. Therefore, your attorney will not seek a percentage of your insurance benefits as compensation for the legal work performed.