How Much Does an 18-Wheeler Accident Attorney Cost?
After being seriously hurt in an 18-wheeler crash, one of the questions that you might want to know the answer to is: How much does an 18-wheeler accident attorney cost? Since you have probably incurred several expenses because of the accident, such as your bills, loss of income, car repairs, etc., you should know that in many cases, an accident lawyer does not require a big upfront payment from the client.
Many truck accident attorneys operate on a contingency fee basis. It means that instead of paying hourly, the attorney gets a percentage of money received from a successful settlement or court award. The American Bar Association states that in many personal injury cases, the contingency fee amounts to about one-third to 40% of recovery.
Let us say that a client and the attorney agreed to work on the terms of 33⅓% contingency fee, and the case got settled at $300,000. Thus, the lawyer's fee would amount to about $100,000 and the remainder would be $200,000 prior to any deductions.
Keep in mind that the percentage might differ depending on the attorney, state, complexity of the case, whether the case was resolved or taken to trial, etc. Sometimes, contingency agreements use different percentages at various stages of the case.
Also, it is essential to differentiate between attorney fees and case expenses. Generally, a contingency fee covers services rendered by a lawyer; however, expenses, such as court filing fee, expert witnesses, accident reconstruction reports, depositions, and other litigation expenses are calculated separately from the fee.
In order to get more information on the calculation method and what exactly will be included in the fee, you should receive a written agreement before hiring a lawyer. According to the ABA Model Rules, written contingency agreement should include the following information: what exactly is the percentage, what are the expenses involved and how are they deducted
What Percentage Does an 18-Wheeler Accident Lawyer Charge?
The percentage that an 18-wheeler accident lawyer charges varies depending on the terms of your contract. There is no standard percentage that all truck accident lawyers in America must charge. However, a contingency fee in a personal injury case often ranges from approximately one-third to 40% of the recovery.
A straightforward truck accident case that is settled without filing a lawsuit may have a lower percentage than a difficult case that needs litigation. Where the insurance company for the truck or the trucking company disputes liability, then your lawyer may have to conduct an investigation, gather evidence including the trucking records, consult experts, depose people, file motions, and prepare for a trial.
That is why some lawyers will structure the fee agreement such that the percentage increases if the case ends up going into litigation or even a trial. This should be outlined in the written fee agreement that you sign.
Let us look at a theoretical example. Where your lawyer charges 33⅓ percent and wins a $600,000 settlement, the lawyer's fee would be approximately $200,000. However, if the fee is structured such that the lawyer charges 40% of the fee, the lawyer's fee would be $240,000. In this situation, the money that you get after subtracting eligible case expenses, insurance repayments, medical liens, or any other obligation would be lower.
For this reason, you should not use the percentage as the sole basis for comparison among different lawyers. Where one lawyer charges 40% but wins a higher settlement than another lawyer who charges 30% cannot be known until the end of the case because no lawyer can guarantee a settlement.
The American Bar Association suggests that you consider factors such as the lawyer's experience, the difficulty of the matter, custom fees in the area, the amount in dispute, and the results achieved in determining whether the lawyer's fee is reasonable.
When meeting with a lawyer, ask these questions: What percentage do you charge? Does this percentage change in case a lawsuit is filed? Who pays for case expenses? Are expenses paid before or after the lawyer's fee? What if the case fails?
Are You Required to Pay 18-Wheeler Lawyer Up Front?
There are cases of personal injury and truck accidents where you might not have to pay your attorney up front. Rather, you can get representation on a contingency fee basis. In this kind of arrangement, attorney's fee often depends on being able to recover money for you.
This is particularly useful in the context of an 18-wheeler accident because there will likely be a great number of expenses to be made prior to receiving a settlement. Medical treatment, rehabilitation, loss of earnings, property damages, domestic duties and more can put a strain on your finances.
In the case of contingency agreement, attorney will cover or will be dealing with the majority of the expenses related to making the claim, depending on the specifics of the agreement. The costs covered by the lawyer include such things as getting medical records, using investigators, consultations with accident reconstruction specialists, getting opinions from experts, taking depositions and some of the court costs.
However, "no upfront attorney fee" does not always equal "no cost." You need to read carefully in the written agreement what will happen to the expenses in the case when the case fails to be successful. American Bar Association points out that even when the client does not have to pay the contingent fee due to losing the case, it does not necessarily mean that the client will not be responsible for certain expenses.
That is why you cannot assume that all truck accident attorneys have the same fee agreement.
Before signing the agreement, ask the lawyer to explain it in clear terms to you. You need to understand whether there will be expenses from the settlement paid prior to the attorney calculating the contingency fee.
It will make a huge difference in the sum you will receive.
For instance, if the recovery is $300,000 and there were $20,000 in the case expenses, it will mean two different things to you, whether the lawyer calculates the fee after deducting expenses or not
Are There Any Other Expenses That May Accompany 18-Wheeler Accident Cases?
There are additional expenses in addition to attorney fees. If your case involves an 18-wheeler accident and the company or insurance firm denies liability, your attorney could incur considerable costs during the investigation and evidence gathering process.
Depending on the complexity of the case, there will be various activities involved in the investigation process. They could be collecting police reports, taking photos of the accident scene, gathering witness statements, vehicle information, and other evidence that could help build your case.
Sometimes there could be the need to hire the services of accident reconstruction experts or health and economic experts among other expenses. You should consider the various potential costs involved as they differ from one case to the other.
That's the reason why you should inquire about fees vs. cost. You will understand the difference between the contingency percentage the lawyer takes and the other expenses related to the case.
Another question that you should consider is what will happen if you do not get any recovery. Some contracts will provide that in the event you do not receive any recovery, then there will be no contingency fee, but you still have some expenses to pay. This should be clearly stated in the agreement.
According to the ABA rules on contingent fees, the agreement must contain the way the lawyer's percentage will be calculated and other expenses and how they affect the calculation. The agreement should be clear whether there are other expenses beyond your lawyer's contingency percentage.
There could be situations where you may incur some other expenses in addition to your lawyer's fee, depending on how the case resolves. That is why you should know the contingency percentage even if there are changes in the resolution methods agreed upon earlier
How to Pick An Affordable 18-Wheeler Accident Lawyer
It should not necessarily mean that the lowest percentage will provide you with the best deal when picking your 18-wheeler accident lawyer. Truck accidents tend to be quite complicated, involving trucking companies, insurance carriers, potential defendants, federal and state laws governing trucking, and a large amount of evidence.
Apart from looking at the low percentages, there are some more factors that should influence your decision, such as lawyer's experience dealing with complex truck accidents, communication skills, resources, and overall case preparation process. Also, you need to know about the specific services provided in your contingency fee agreement.
Consider asking your prospective lawyers about the following issues prior to hiring them:
- What percentage of my recovery will you charge me?
- Does the percentage change in case of filing a lawsuit?
- Does the percentage increase in case of going to trial?
- Who will cover investigation and expert-witness fees?
- Are case expenses covered before or after the attorney fee?
- Will I have to pay for expenses even if no compensation is awarded?
- Will I get a written explanation of how the settlement is calculated and what is deducted?
It is essential to make a written agreement in any case. According to the ABA Model Rules, contingent fee agreements should be put in writing, stating the terms of calculating the fee and expenses of the litigation and others.
Conclusion
Thus, how much does an 18-wheeler accident lawyer cost? In a majority of cases, your lawyer might agree to work in the contingency and not hourly billing method. Contingency fee ranges in personal injury cases are usually about one-third to 40% of the recovery.
However, the most crucial issue is not finding the lowest-priced lawyer. It is important to know everything about the fee agreement, including lawyer's percentage, litigation expenses, expert fees, etc.
As attorney-fee rules may differ from state to state, everyone interested in hiring an attorney should examine his/her agreement carefully.
Editorial & Jurisprudential Disclaimer: This publication is prepared strictly for educational, academic, and legal research purposes and does not constitute formal legal counsel. For specific legal representation or jurisdiction-specific advice, consult a licensed attorney admitted to practice before the competent bar.
