Do I Have to Pay Legal Fees If We Don’t Win the Personal Injury Case?

Like so many things with a personal injury case, it depends. Like our video says, one of the best parts about working with our team at Quirk Accident and Injury Attorneys is that we work on a contingency-fee basis, which means you pay nothing upfront. But there might be situations where our fees will need to be paid, and we’ll make sure we do everything we can to keep you from having to foot the bill.

Will I Have to Pay Legal Fees If We Don’t Win My Case?

Most of the issue with a personal injury case is that you have a lot of losses and expenses. From medical bills to car repair costs, you’re facing a lot. That’s where our team steps in and handles the legal side of things, but the reality is that even the legal side of your case can get expensive–especially if an insurance company tries to drag things out, which they usually do.

99% of the time, you aren’t going to have to pay legal fees. That’s why we work on a contingency-fee basis–you pay nothing upfront and we take our fees from whatever result we get for you. This gives us incentive and lets you focus on getting your life back on track.

However, in the event that we don’t get as much from the insurance company as we expect, there might be a situation where we need to get our fee from somewhere else. And we won’t make you pay for it out of your own pocket. Rather, we can get fees from:

  • The settlement we get – This is the most common way we get paid. Our fees are paid from the defendant’s insurance payout or court-ordered damages. Our fee is usually based on a percentage of the settlement, which we make plain to you in our very first meeting. Typically, we take between 33% and 40%.

  • Fee advance from a loan company – There are loan companies out there that offer advance legal fees and case costs in exchange for a portion of the eventual recovery. The funding goes directly to us and comes out of your settlement. We handle this back-and-forth, but we’ll make sure you’re aware that this is an option.

  • Referrals or co-counsel fees – Sometimes, we work with another firm or referring law firm under a fee-sharing agreement. This happens if they refer you to us. At that point, they would get a portion of the total settlement as a referral fee, but again, you don’t have to pay that.

When you file a personal injury claim, you have enough to worry about without also having to worry about legal fees. That’s why we work so hard to get you the best result–it benefits both you and our firm.

What Does the Process Look Like in a Personal Injury Claim?

No matter what kind of accident you’re in, the actual claims process is going to follow a general path. Although it’s not easy, you can be confident that our team will be there to support you throughout, and will make sure you have the best possible chance at getting a fair settlement. Generally, though, the process unfolds in two major ways:

  • An insurance claim
  • A personal injury lawsuit

With an insurance claim, you’re simply filing with the responsible party’s insurance provider. This happens outside of court, so it’s usually much quicker. However, it’s totally controlled by the insurance company, and their goal is to save money by paying out as little as possible–no matter how strong your claim is.

If that’s the case, we can proceed with filing a lawsuit in civil court. This takes more time and effort, but because it’s in front of a judge, it’s a much more impartial and fair process–meaning you can get fuller damages, like:

  • Medical expenses and long-term treatment
  • Lost income and diminished earning ability
  • Pain and physical suffering
  • Emotional distress and mental anguish
  • Property damage, if applicable
  • Loss of enjoyment of life

Getting a settlement isn’t automatic. You need a strong case, solid evidence, and a clear strategy to make it happen. That’s where we come in.

At Quirk Accident and Injury Attorneys, we stand up for injured people and their families. We handle the insurance companies, take legal action when needed, and guide you through every step–so you can focus on getting better, not dealing with expenses and fees. If you’ve been hurt and want to talk about the next steps, contact us today for a free consultation.