How much does a lawyer take from a personal injury claim, and what do I actually keep?
Kyle Moore's Answer
Quick Answer
In personal injury cases, lawyers typically work on a contingency fee basis, taking a percentage of any settlement, with costs varying depending on whether a lawsuit is filed and the expenses incurred.
Key risks of waiting too long
Potential Risk
Unexpected expenses can arise from litigation, such as depositions and expert witnesses.
Potential Risk
Clients might end up with little to no settlement after fees and expenses.
Potential Risk
Medical bills and health insurance reimbursements will come out of the client's portion.
Potential Risk
Misunderstanding fee structures may lead to client dissatisfaction post-settlement.
Full Transcript
Below is an AI-generated transcript of the video answer.
In a personal injury case, most lawyers, including myself,
will work on that case on what's called a contingency.
That means if you decide to take money,
we get a percentage of it.
Generally, that percentage is one third
if I don't have to file a lawsuit.
If I do have to file a lawsuit, which is your choice,
and you direct me to, then the fee goes up to 40%.
What you get after my fee is also reduced
by the expenses it takes to get that result for you.
Most expenses are pretty small, like buying medical records,
but in a lawsuit, some expenses can be really significant,
like taking depositions and ordering transcripts
from those depositions.
Hiring expert witnesses is also a very expensive part
of the case that you, the client, have to pay for.
So in all of my cases, I always give clients projections.
If you decide to go down this route,
here's what you could spend, and here's what,
after paying me and reimbursing me for those expenses,
you would get in your pocket.
There's also medical bills and health insurance reimbursement
that comes out of your portion as the client.
This is very important for clients to understand
because what I don't want is my clients
to end up spending all their settlement money
on my fees, my expenses, and the medical providers.
So what I offer my clients is a tailored approach
to making sure that you don't spend
all of your settlement money before you get it,
but you still get the treatment that you need
from the providers who care about you the most.