Legate: Personal Injury Lawyers

How much will the first visit cost?

 

Start with the question: how much will the first visit cost? Lawyers call that the first consultation. It is usually free. In fact, I know of no experienced personal injury lawyers who charge for the first consultation. This first visit will most often follow a phone call by you to the law firm. You will either speak to a law clerk, secretary or perhaps a lawyer who will get a very general idea of what the case is about. That is so they will know if your problem is a match for that lawyer's practice. If it is, an appointment will be set up for you to meet a lawyer to discuss your case. It is very unusual for you to get advice over the telephone without meeting with a lawyer.

At the first consultation, you will meet a lawyer who will hear about your case. She or he will ask questions about how you were injured, who was involved, when it happened, and what your injuries were. That will assist the lawyer in figuring out if you can demonstrate someone else was at fault for your injuries, and if you still have time to sue. A preliminary idea of the hurdles you will face in proving fault will be obtained. The injuries you suffered will give the lawyer an idea of what compensation the courts might award you. An important consideration will be how your life has changed: work, leisure, family and community life are all important.

The lawyer will then be able to give you a preliminary idea of whether you "have a case" and its potential value. It is important that you bring as much information to that first visit as you can. The more solid information the lawyer has, the better the idea of the potential of your case you and your lawyer can get at this stage. When you make the appointment ask what you should bring.

You should have a clear and frank discussion about costs and legal fees during this meeting. Remember, the better informed the lawyer is about your case, the better the information you will get at this meeting, including information about costs.

Most lawyers in the personal injury field work on a basis of a combination of contingency fees and retainer. This is because there are two kinds of costs or expenses: first are the expenses that have to be paid for, out of pocket expenses. Those included police reports, hospital records and filing court documents. A retainer is usually requested to assist in paying those expenses on a preliminary basis. Remember, the lawyer only knows what you tell him or her. It is good business to verify information at the outset from independent sources. So you will very likely be asked for a retainer. If you can't pay it all at once, many lawyers will set up a payment schedule that you can cope with. In some cases it will be waived entirely. They will expect repayment of expenses incurred in developing your case, either from the insurance company that pays your compensation, or from your compensation. In a successful case, the lion's share of expenses will be paid by the insurance company.

The second is legal fees. The vast majority of experienced personal injury lawyers will charge you a percentage of the compensation that is recovered for you. That is called a contingency fee. The percentage will depend on many factors, including the size of the recovery, how difficult the case is, how long it takes to resolve and how much of the lawyer's own money has to be invested in the case. You should have an idea of the range of the percentage that will be charged. Lawyers have to charge GST on fees.

Talking about money is difficult for many people, including some lawyers. But it is important to you so don't be shy. If the lawyer doesn't raise it, you should. I like to be upfront and frank about money, so there are no unnecessary worries about it, from either my client's perspective or my own. An experienced lawyer will give you good information about costs at that very first meeting.

 

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