How Much Does a Personal Injury Lawyer Cost?

The cost of hiring a Lowell personal injury lawyer typically depends on the fee structure and the specifics of your case. The most common fee arrangement is a contingency fee, but there may be additional costs involved depending on the lawyer and the case’s complexity. Here’s a breakdown of the common ways personal injury lawyers charge for their services:

1. Contingency Fee

Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case or settle. The lawyer’s fee is typically a percentage of the settlement or award you receive.

• Percentage: The typical contingency fee is between 33% to 40% of the final settlement or court award. In some cases, the percentage might be slightly higher or lower, depending on factors such as:
  • The complexity of the case.
  • Whether the case goes to trial.
  • The state in which the case is being handled (as state laws can regulate these fees).

For example, if your case results in a $100,000.00 settlement and your lawyer’s fee is 33⅓%, the lawyer would receive $33,333.33, and you would receive the remaining $66,666.67.

• If you lose: If you do not win the case, you typically do not owe the lawyer any fees. However, you may still be responsible for out-of-pocket costs such as court fees, expert witness fees, or other case-related expenses (explained below).

2. Hourly Fees

Some Massachusetts personal injury lawyers may charge an hourly rate, particularly for cases that are more complex or when you are seeking legal advice without a full commitment to representation. However, this is much less common for personal injury cases. Hourly rates can range from $150 to $500+ per hour or more, depending on the lawyer’s experience and location.

• Hourly charges: This fee structure is more likely in situations where the lawyer provides specific services (like legal consultation) but does not take on the case on a full-contingency basis. If you do hire a lawyer on an hourly basis, you would pay for every hour the lawyer works on your case, including time spent on research, meetings, phone calls, and drafting documents.

3. Flat Fee

A flat fee is a set, predetermined amount the lawyer charges for a particular service, like reviewing a contract or providing legal advice. This is rare in personal injury cases, as most personal injury attorneys prefer the contingency fee structure, especially for cases involving unpredictable outcomes.

4. Out-of-Pocket Expenses

In addition to attorney fees, there are usually out-of-pocket expenses associated with personal injury cases. These might include:

• Court filing fees.
• Costs for obtaining medical records and police reports
• Expert witness fees.
• Investigation costs.
• Deposition costs.

In many cases, the Personal Injury lawyer will advance these costs, but you may be required to repay them at the conclusion of the case, typically from the settlement or award. In most personal injury cases, if you lose, your Personal Injury Attorney will write off the unrecovered expense costs.

Example Breakdown of Fees in a Personal Injury Case

Here’s an example scenario of how fees and costs may break down in a contingency fee agreement:

1. Settlement: $100,000.
2. Attorney’s Fee (33⅓% contingency): $33,333.33
3. Out-of-Pocket Expenses: $5,000 (for medical records, court fees, expert witnesses, etc.).
4. Amount You Receive: $100,000 – $33,333.33 (attorney’s fee) – $5,000 (expenses) = $61,666.67.

6. No Win, No Fee (Contingency Fee)

The key benefit of the contingency fee arrangement is that if you don’t win your case, you typically don’t owe the lawyer any fees. However, you may still be responsible for any case-related expenses incurred during the process (e.g., expert witnesses, filing fees). For most cases, Marcotte Law Firm’s Lowell Personal Injury attorneys will cover these costs upfront, with the understanding that they will be reimbursed out of the final settlement or award, if at all.

Factors That Affect Lawyer Fees

• Complexity of the Case: The more complex the case (e.g., multiple defendants, serious injuries), the higher the contingency fee might be, or the longer the case might take to resolve.
• Trial vs. Settlement: If the case goes to trial rather than settling, the lawyer might charge a higher percentage, often 40% or more, because trials are more time-consuming and require more preparation.
• State Regulations: Some states have laws that limit how much an attorney can charge in contingency fees, particularly in medical malpractice cases.

Final Thoughts on Costs

• Contingency fee arrangements are the most common for personal injury cases, allowing you to hire a personal injury attorney without paying upfront fees.
• The personal injury lawyer’s fees are usually a percentage of your final recovery, and if you don’t win the case, you often don’t owe anything for legal fees.
• Out-of-pocket expenses can add to your total cost, but they are typically reimbursed from the settlement amount.

Final Thoughts on Costs

It’s always important to discuss fees and the cost structure up front with your personal injury lawyer to ensure you fully understand how much you’ll be paying and when. At Marcotte Law Firm, our Lowell Personal Injury Attorneys take the time to explain our fee structure to you so that you know exactly how much it will cost. More importantly, there are typically no fees unless you win.