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May 5, 2023 by Greg Baumgartner
Understanding how much personal injury attorneys in Houston charge in terms of attorney fees can be confusing, especially if you’re new to personal injury law. Most of these lawyers use what’s called a contingency fee.
A contingency fee means the lawyer only gets paid if they win your case. In Houston, the minimum personal injury contingency fee starts at one-third of the money collected in your case.
A contingency fee is a fee that a lawyer charges only if they win a case for their client. Contingency fee arrangements are common in personal injury cases, where clients only pay attorneys if they win compensation. In most personal injury cases in Texas, the lawyer will take a percentage of the settlement amount or the jury verdict.
This percentage can vary from case to case, starting at 33.3%, and can go up to 45% or more depending on the court award and specified factors.
Personal injury attorneys take cases on a contingency fee basis. The contingency fee agreement should be in writing, and the percentage should be set forth. In Houston, the fee varies by personal injury law firm, but most contingency fees are between 33% and 45% of the settlement or court award.
A personal injury case can vary in complexity and out-of-pocket expenses to the personal injury attorneys. The contingency fee percentage may increase in complex or expensive cases, like cases with multiple parties or product liability cases.
A contingency fee agreement is a written contract between a client and a lawyer that outlines the terms of the contingency fee arrangement. This agreement is essential in ensuring that both parties understand the fee structure and the services to be provided. A well-drafted contingency fee agreement typically includes several key elements:
Carefully reviewing and understanding the contingency fee agreement before signing it is crucial. This will help prevent any misunderstandings or disputes that may arise during the course of the case. By having a clear and detailed fee agreement, both the client and the lawyer can proceed with confidence, knowing that they are on the same page regarding the financial aspects of the case.
Several factors determine the percentage that most personal injury lawyers take. Contingent fee agreements specify the percentage of the settlement or verdict that the lawyer will take. These factors can include the case’s complexity, the amount of time the lawyer will need to spend on the case, and the likelihood of success. The more complex a case is, the more time a lawyer will need to spend on it. The higher the likelihood of success, the higher the percentage the lawyer will take.
Many personal injury law firms in Houston charge one-third if the case is settled before a lawsuit is filed and raise the percentage if the settlement or court award comes after a lawsuit is filed.
The reason for this increase is the substantial increase in work required once a lawsuit is filed. Depositions, written discovery, and retention of experts all require a lot of attorney time and increase the out-of-pocket costs to the firm.
Several factors can influence the percentage that a personal injury lawyer will take. Unlike an hourly fee structure, where attorneys charge for each hour spent on a case, contingency fees are based on the outcome of the case. These factors can include the case’s location, the lawyer’s experience, and the size of the final settlement or jury verdict. The more experienced the attorney, the more likely they may charge a higher percentage of the final settlement.
Factors like the type of case can also influence the percentage a personal injury attorney may charge. Cases that require more money to be spent to get to court may cause the attorney to charge a higher fee structure. An example in Texas would be a product liability claim, as the costs to advance the case can run from tens to hundreds of thousands.
Most firms charge a higher fee for extra-time-intensive cases because of the risks in product cases, the substantial costs to the lawyer, and the time required to win the case. In Texas, a starting fee of 40 to 45% is standard for a product liability case, with increases if a lawsuit is filed. Conversely, a simple car accident case may start at a 1/3 fee.
Personal injury attorneys take cases on a contingency fee basis. The contingency fee agreement should be in writing, and the percentage should be set forth. In Houston, the fee varies by personal injury law firm, but most contingency fees are between 33% and 45% of the settlement or court award. However, some law firms contingency fees start at 40 to 45% of the total recovery.
A personal injury case can vary in complexity and out-of-pocket expenses to the personal injury attorneys. The contingency fee percentage may increase in complex or expensive cases, like a case with multiple parties or a product liability case.
Several factors can influence the percentage that a personal injury lawyer will take. These factors can include the case’s location, the lawyer’s experience, and the size of the final settlement or jury verdict. The more experienced the attorney, the more likely they may charge a higher percentage of the final settlement.
Factors like the type of case can also influence the percentage a personal injury attorney may charge. Cases that require more money to be spent to get to court may cause the attorney to charge a higher fee structure. An example in Texas would be a product liability claim, as the costs to advance the case can run from tens to hundreds of thousands. While an auto accident may involve a lesser percentage.
Most firms charge a higher fee for cases of extra time intensive because of the risks in product cases, the substantial costs to the lawyer, and the time required to win the case. In Texas, a starting fee of 40 to 45% is standard for a product liability case, with increases if a lawsuit gets filed. Conversely, a simple car accident case may start at a 1/3 fee.
Lawyers charge a contingency fee on a personal injury claim for several reasons:
Contingency fees offer several significant benefits to clients, making them a popular choice for personal injury cases:
By choosing a contingency fee arrangement, clients can focus on their recovery and leave the legal complexities to their attorney, knowing that their lawyer is equally invested in the success of their case.
State laws related to contingency fees vary, but most states have rules and regulations in place to govern contingency fee agreements. In Texas, for example, contingency fee agreements must be in writing and must include specific information to ensure transparency and fairness. Key elements that must be included in a Texas contingency fee agreement are:
Understanding the state laws related to contingency fees in your jurisdiction is essential to ensure that you are protected and that your rights are respected. A qualified lawyer can help you navigate the complexities of contingency fee agreements and ensure that you receive fair and reasonable legal representation. By being informed about the legal framework governing these agreements, clients can make better decisions and feel more confident in their legal journey.
Learning the firm’s fee structure up front will avoid surprises later. As mentioned above, many lawyers charge above the normal range as a starting fee, and it is vital you understand their contingency fee structure.
The best Houston injury attorneys base their contingency fee on the gross recovery before reimbursing expenses or other deductions.
Always do your homework when selecting the right personal injury attorney for your case. Texas contingency fees can vary, but the quality of the attorney you choose is a vital consideration.
One of the most important considerations is the attorney’s experience with your case type. Another important consideration is the location of the accident that caused the personal injury claim to be made.
Generally, lawsuits get filed in the county where the accident occurred or where the defendant resides.
Getting a local attorney experienced in your case should be high on your list. Avoid not researching your chosen attorney, as changing lawyers working on a contingent fee basis is not as simple as many think.
Finally, do not worry so much about the percentage that the attorney charges in the fee agreement but rather focus on the quality of the local attorney as your first consideration. The better your attorney, the more likely your settlement will be acceptable.
Always consider the expertise of the attorney in your kind of case. A lawyer with substantial litigation experience can get an average truck accident settlement way above less experienced law firms.
The starting percentage that most personal injury lawyers take in Texas is typically around 33.3% to 45%, with increases based on the need for litigation. This percentage can vary depending on several factors, including the complexity of winning a personal injury award, the time the lawyer will need to spend on the case, the likelihood of success, anticipated expenses, and the attorney’s expertise.
It is important to remember that some lawyers may charge a higher percentage. Ultimately, a contingency fee allows individuals who may not be able to pay a lawyer hourly or upfront to receive quality legal representation by getting the best personal injury lawyer near me.
For information about contingency fees or an injury or car accident, contact Baumgartner Law Firm in Houston for a free consultation at (281) 587-1111.
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Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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