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Understanding the Personal Injury Claim Fee Structure

Fee Structure for a Case that Settles

The majority of personal injury claims result in a settlement. This is where both parties agree that a set amount is to be paid to the claimant in exchange for the claimant dropping his suit. Insurance companies like to settle out of court because it saves them money over the long term. Fighting a claim in court is an expensive and time-consuming process. For a case that settles, the fee structure is 1/3 the total amount of the settlement to the attorney and 2/3 to the claimant. This will likely be what happens in your case, but sometimes, we do need to go to trial to obtain the compensation you deserve.

Fee Structure for a Case that goes to Court

Court cases are expensive for both parties. Expert witnesses must be called. Attorneys must be present in court. The paperwork load increases substantially. No one wants to go to court over an insurance claim, but sometime an agreement cannot be made without the aid of a judge. In the event that a suit goes to court, the fee structure is 45-percent of the total award to the attorney and 55-percent to the claimant. Court cases are a long process and it could be 6 months to a year before anyone sees any money, but that period can be extended even further if the insurance company decides to appeal.

Fee Structure if an Award is appealed

The appeals process can take years. Due to the nature of an appeal and the amount of hours that will be spent ensuring your award is upheld, the fee structure is a bit higher. If a case goes to appeal 50-percent of the total award will be given to the attorney and 50-percent will be given to the claimant, but the prospect of a car accident personal injury claim going to appeal are very slim.

If you do not reach a settlement or win your case, you owe us nothing. We work harder for you because we are only paid if we win your case. If you have been injured in a Kansas car accident and think you may have a valid claim, please contact us through the form found on this site. An attorney will be in touch shortly to discuss your claim. There is no obligation.

While most cases settle upon reaching or exceeding the clients authorized settlement amount, sometimes in order to meet the client’s authority and to settle a case most attorneys will reduce their fees. Also as settlements are reached in more than 90% of all car accident cases, sometimes to obtain a settlement both the client and the attorney have to lower their expectations in the authorized settlement and the attorney fee. The point being is if a fair settlement is the goal then all things are negotiable including attorneys fees.