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Attorneys who represent injured people generally do so on a contingent
fee basis. This simply means that the fee is contingent upon the
client's recovery. The fee is a percentage of the client's recovery,
typically one third. The percentage of fees can rise to forty percent
if the case is tried to a verdict to a judge or jury.
Since the fee is contingent upon the client's recovery and is a
percentage of the client's recovery, if there is no recovery, there
is no fee. Simply put, the lawyer gets paid when the client gets
paid.
Costs are different from fees. Litigation costs are basically a
no interest loan from the lawyer to the client. Costs are for such
things as police reports, medical records and reports, deposition
costs, and expert witness fees. According to a ruling by the Washington
State Bar Association, the client bears the ultimate responsibility
for costs whether the case is a win, lose, or draw.
More importantly however, a contingent fee allows injured people
to have access to justice. Commonly, when contingent fee lawyers
work by the hour, they charge in excess of $350.00 per hour. The
contingent fee enables an injured person to retain a lawyer without
spending huge sums of money. Typically, the people we represent
at the Donchez Law Firm are out of work due to the nature of their
serious injuries and would be unable to pay an attorney in any
event.
When a case has been settled or tried to a verdict and there is
a sum of money to disburse to the client, and perhaps other providers
and or insurance companies, a final accounting is prepared. The
final accounting sets forth all funds received on behalf of the
client and calculates fees and costs so that the client is fully
aware of the monies that are being expended.
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