In bodily injury cases, the attorney’s fee is a percentage of the total recovery before deduction for costs and medical bills. This fee is normally 1/3 of the total recover before filing suit and 40% after suit is filed if the defendant denies liability. The fee will vary if the total recovery exceeds 1 million dollars. There are other percentages that may apply, such as if there is an appeal, and these will be detailed in your fee agreement.
In addition to the fee, you are responsible for paying the costs of your case. Costs are any expenses that the attorney needs to pay on your behalf in order to prosecute your case. They include, but are not limited to, investigative expenses, copy charges, filing fees, service of process charges, court reporter charges, and expert witness fees.
Most bodily injury cases are settled presuit. This means that your costs will likely be minimal if the case can be settled early. However, if suit must be filed, you will have to pay a filing fee (the fee charged by the Clerk of Court) and for service of the summons and complaint (charged by the process server). We normally do not incur substantial costs without discussing it with you first.
