Auto Injury: I understand the attorney takes an auto accident case on a contingency basis and charges 20% to 40% of the settlement for their fee. How can I get the attorney to charge the lower percentages? Is there anything I may lose if I do?

It is true that most auto accident cases with injuries are taken on a contingency basis, which means that the attorney takes a percentage of the settlement or award. The percentage varies from one attorney to another. If your attorney charges 40% and you want to negotiate a lower percentage, of course, you may try to do that. The old adage, “you get what you pay for” doesn’t always hold true, but the buyer should always beware.

Will you lose anything if you negotiate and get your attorney to agree to a lower fee? In theory, you should not because the attorney owes the same duties to you as he or she owes to someone paying the higher fee. A good lawyer will investigate and research your case, file all your papers on time, attend court hearings, file and argue motions, take and defend depositions, give you appropriate legal advice, and communicate with you so you know what is going on in your case. He or she should take the case to trial if warranted, or negotiate a reasonable settlement, regardless of his or her fee. In addition they will be creative in negotiating with all parties to make certain they get you the most net compensation possible. The risk, though, is that a less than scrupulous attorney may push for a higher settlement, or take the case to trial hoping for a higher award from the judge or jury, to net the same amount for himself or herself as if he or she were charging the higher rate.

Good lawyers go to bat for you and handle your case to the best of their ability regardless of the fee they are charging.