According to Fordham Law Review (p. 248), a truck accident lawyer may generally receive 33 to 40 percent of a settlement or judgement resulting from a lawsuit. The idea that your lawyer would receive a percentage of your winnings, rather than being paid on an hourly rate, may come from a contingency-fee arrangement that you agree to with your attorney.
A contingency fee arrangement may be a standard practice among personal injury lawyers who you might consider handling your case after a truck accident.
Explaining Contingency Fees
The American Bar Association (ABA) explains that contingency fees:
- Generally apply to personal injury cases, and could also apply to a wrongful death claim
- Mean that your lawyer only gets paid for their services if they are able to claim compensation on your behalf
- Do not require you to pay any fees upfront or out of pocket, instead requiring you to pay your lawyer a percentage of any winnings that you secure
The option for your truck accident lawyer to take a percentage of your winnings, rather than demanding an upfront payment, could serve several purposes. For instance, a contingency fee payment structure could:
- Help you avoid having to pay a lawyer upfront if you do not have the money to do so
- Prevent you from having to pay out of your own pocket for legal services
- Help you retain the services of a lawyer that you would perhaps not be able to hire if they did not offer a contingency-fee pay structure
Having a lawyer who works on a contingency-fee basis could also ensure that your attorney is fully invested in the outcome of your lawsuit—remember that they only get paid for their services if you win a judgement or secure a settlement.
How a Personal Injury Lawyer May Assist You
You may expect your lawyer to perform several services and fill numerous roles if you are required to pay them a percentage of your winnings. According to Harvard Law School’s Center on the Legal Profession (CLP), your lawyer may:
- Lead you through legal matters that are required as you seek compensation
- Be versed in the technical aspects of your lawsuit
- Counsel you in matters related to your lawsuit
A lawyer may generally be able to:
- Answer questions you have about liability, insurance, seeking compensation, and other matters related to your accident and legal action
- Advise you on what they feel is the best route for you to seek compensation
- Handle the entirety of any lawsuit that you choose to bring, except in matters where you must absolutely participate
More specifically, your lawyer may:
- Counsel you on what to do, and what not to do, at the scene of your accident
- Advise you on steps to take in the hours and days following your accident
- Help you find medical care for your accident-related injuries
- Negotiate an insurance settlement and initiate a lawsuit if insurance companies do not offer fair compensation
- Collect evidence of your accident
- Organize documentation of your injuries
- Calculate your total losses
- File your lawsuit and any other paperwork required to complete your lawsuit
- Represent you during court appearances
- Negotiate a settlement with representatives for the defendants named in your lawsuit
- Complete a trial if it is necessary
- Defend your rights
You may ultimately gauge the effectiveness of your lawyer by the amount of winnings that they may be able to secure for you or your loved one after a truck accident.
A Lawyer Will Assess Your Post-Accident Losses
A truck accident may cause a particularly violent collision and could inflict harm beyond what collisions involving smaller vehicles would be capable of. Trucks may generally be:
- Heavier than passenger vehicles
- Less agile than passenger vehicles
- More difficult to stop than passenger vehicles
- More potentially destructive than passenger vehicles
The Centers for Disease Control and Prevention (CDC) also notes that drivers of long-haul trucks could be especially susceptible to risks such as drowsy and distracted driving. When driver error, vehicle failure, or another cause results in a collision, the losses may be great.
Some types of harm that you or your loved one may have experienced after a truck accident include:
- Serious injuries, and the pain that comes from such an injury
- The cost of diagnosing and treating your injuries
- A period where you are without income because of your injuries
- Permanent disability
- Chronic pain
- Brain damage, which may cause changes in your personality and mental abilities
- Harm to your mental health
- Scarring or other forms of disfigurement
- Harm to your relationships
- A decline in your general quality of life
Your lawyer may determine:
- The individual losses that you have suffered because of your truck accident
- Accident-related losses that you may be certain or likely to suffer in the future
- Individual defendants who are responsible for your losses
- The individual and total value of losses that have come from your accident
Your lawsuit may be the means through which you obtain compensation from those responsible for your losses.
Negligence May Result in Compensation for You
Negligence is generally the standard for liability in a personal injury lawsuit, and the Legal Information Institute (LII) defines negligence as:
- “A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”
Your lawyer may be able to prove the negligence of defendants named in your lawsuit on a case-by-case basis, and you may collect compensation for your covered losses if they are successful.
Call Ben Crump Law, PLLC Today
The mission of Ben Crump Law, PLLC is to ensure that you do not undergo any further harm than you or your loved one have already experienced. We do not shy away from tough cases, and we represent clients on a contingency-fee basis so that they do not have to pay any out-of-pocket costs.
Call Ben Crump Law, PLLC today at (800) 235-0444 for a free consultation.
