Contingency fees
Most US personal injury lawyers work on a contingency fee. You pay nothing upfront, and the lawyer takes an agreed percentage of any settlement or award, commonly around one third, and sometimes more if the case goes to trial. Ask how case costs (such as expert and filing fees) are handled, and whether the percentage is calculated before or after costs.
Deadlines and fault rules
Each state sets a statute of limitations for injury claims, often two or three years, but sometimes shorter, especially for claims against government bodies. States also differ on how fault affects your claim. Most reduce compensation in proportion to your share of the blame, while a few bar recovery if you were even slightly at fault. A local lawyer will know the rules where the accident happened.
Questions to ask a personal injury lawyer
- What percentage do you take, and is it worked out before or after case costs?
- Who pays for medical reports and experts if we lose?
- Have you taken cases like mine to trial, or do you mostly settle?
- How long do you expect it to take before we know what the claim is worth?
Frequently asked questions
Should I talk to the other driver's insurance company?
Be careful. Report the accident to your own insurer, but consider speaking to a lawyer before giving a recorded statement or accepting an offer from the other side's insurer.
How long does a personal injury case take?
Simple claims can settle in a few months. Serious injury cases often take a year or more, because the full extent of the injury needs to be known before settling.
What should I do after an accident?
Get medical attention, report the incident, take photos, collect witness details, and keep receipts for any expenses. Speak to a lawyer before signing anything from an insurer.
How much is my claim worth?
It depends on the seriousness of your injuries, your financial losses such as lost earnings and medical costs, and the local rules on damages. A lawyer can value it once your prognosis is known.