Some Personal Injury ("PI") case can be settled with a few phone calls and forwarding medical bills. Other cases require a full trial with a jury. I've had both types and all sorts of variations in between. So why do most attorneys charge 33% of your settlement no matter how long the case takes?
I have a different approach to PI cases. I charge a "progressive" percentage but I am guaranteed a fee regardless. Here is my approach to percentages of proceeds after costs:
You pay me a minimum fee of $1000 spaced out over 5 months. This fee is credited against any percentage I later received from an award.
| 12.5% | If your case settles before a lawsuit is filed. |
| 16.5% | If your case settles after responding to discovery requsts. |
| 20.5% | If your case settles after taking any deposition. |
| 25.5% | If your case settles 14 days before going to trial. |
| 30.5% | If your case settles within 14 days of going to trial. |
| 33.5% | If your case commences with a jury or judge. |
Some costs (court reporter, deposition, doctor fees, etc) may require advance payment by you.
Why not just take a fee from the proceeds? Because I take a greater risk by agreeing to take a lower percentage of the proceeds if your case is settled at certain defined points prior to trial. I believe this ultimately saves you money. And it better reflects the amount of attorney work at the time of settlement.
I know this is different from other attorneys, but I invite you to do the math: if your case settles are you better off paying your lawyer 12% - 20% of the proceeds or 33% of the proceeds?