Personal injury lawyers work on a contingency fee basis, so they don’t get paid until they win your case. Generally speaking, personal injury lawyers in Vegas take anywhere between 33% and 40% of a personal injury award. The specific value really depends on whether your case settles before or after a lawsuit is filed.
What is a Contingency Fee Arrangement?
Contingency fee representation means that a personal injury attorney fronts the costs of litigating a claim and only recovers a fee if compensation is recovered on the client’s behalf. If the client isn’t awarded damages, the attorney doesn’t recover a fee. There’s essentially no risk for the client to ask for legal assistance.
How Much Does a Personal Injury Attorney Get Paid?
Pursuant to rules established by the Nevada Bar Association and state law, attorney fees must be fair. In most situations, personal injury lawyers recover between one-third and 40 percent of a settlement or jury award.
Personal injury lawyers generally recover 33.3 percent of a personal injury settlement if it’s resolved before a lawsuit is filed. Most personal injury cases begin as insurance claims. If a settlement is reached during pre-suit negotiations with the insurer, the attorney’s fee is often one-third of the award.
If a settlement can’t be reached, sometimes it’s necessary to file a lawsuit to raise the stakes. Filing a lawsuit means more work, resources, and risk, so the contingent fee generally increases to 40 percent of a subsequent settlement or jury award at this point in time.
In Nevada, certain types of personal injury cases – namely, medical malpractice – can be subject to slightly different, stricter fee structures.
Attorneys are also reimbursed for costs they’ve invested to pursue a claim on a plaintiff’s behalf, including:
- Filing fees
- Administrative expenses
- Expert witness fees, and
- Deposition fees.
Most attorney fees are deducted from the client’s gross recovery. Then, once the attorney fees have been calculated, case-related expenses are deducted. The remainder is paid to the plaintiff. However, there are situations where case-related expenses are deducted first, and then the attorney fees are calculated using the net recovery. Specific arrangements must be discussed and disclosed in writing before representation begins.
What Other Factors Affect How Much a Personal Injury Lawyer is Paid?
A case’s degree of difficulty and whether it goes to trial are two of the biggest factors in determining attorney fees.
However, every Las Vegas pedestrian accident lawyer will structure their fees differently, depending on:
- The length of their career and the amount of experience they have in litigating certain cases
- Whether they settle cases often or tend to bring matters to trial
- Particularly difficult or challenging practice areas that require specialization or knowledge of very specific rules, laws, or procedures
- Geographic location
The more risk involved in pursuing a personal injury claim, the higher the associated attorney fees may be.
It’s always important to discuss attorney fees with a lawyer during a free consultation. Ask about a firm’s fee structure, when fees can be expected to increase during the claims process, and how case-related expenses will be handled when a case is resolved.
If you’ve been hurt in an accident in Nevada, call Benson & Bingham Accident Injury Lawyers, LLC, for immediate legal assistance. Our Las Vegas personal injury attorneys have helped clients win over $600 million in monetary awards after life-changing accidents. We’re happy to discuss your rights, go over our fees, and explain why there’s no other law firm you’ll want fighting for you in your corner. Your first consultation is free.