Founding Partner
Personal injury lawyers usually accept cases on a contingency fee basis. This means that the client doesn’t have to pay the attorney’s legal fees up front; rather, the attorney is compensated from the jury award or a settlement later in the case. In Connecticut, the contingency fee allowable in a personal injury case is governed by a statute known as Connecticut General Statute Section 52-251c. This statute allows an attorney to take a one third (33/13%) fee on the first $300,000 an injured person can recover. The statute indicates, in part, the following:
- Thirty-three and one-third percent (33.33%) of the first $300,000
- Twenty-five percent (25%) of the next $300,000
- Twenty percent (20%) of the next $300,000
- Fifteen percent (15%) of the next $300,000
- Ten percent (10%) of any amount which exceeds $1.2 million
At Stanfield Bechtel Law, we not only aim to demystify the contingency fee agreement so victims of serious accidents can know what to expect when they retain counsel, but we also believe in putting more money in our clients’ pockets. To do so, instead of taking a one-third fee, we will agree to represent injured victims for a fee of twenty-five percent (25%), giving more of the compensation we recover to our clients.
Contingency Fee Waivers
Sometimes, personal injury attorneys decide they want to take MORE than what the Connecticut statute allows and when this happens, there must be a knowing and clear waiver of the statute. While this is merited when a case has a lot of expense and risk, or if a case is very complex. Some of the factors that can be considered for a waiver of the statutory fee involve the following:
- Involve complex factual medical or legal issues
- Involve serious permanent personal injury or death
- Be likely to require extensive investigation and discovery proceedings, including multiple depositions
- Require independent expert witness testimony
If this happens, your attorney should explain to you in detail all of the reasons he/she is requesting a larger fee for the representation. Make sure your attorney does the following:
- Explains the percentage limitations contained in the statutory fee agreement and why the attorney must exceed them (generally, because the lawyer or firm must be able to economically justify the immense cost and risk associated with taking the case)
- Advises the client of his or her right to seek representation by another attorney who will agree to abide by those percentage limitations
- Allows the client a reasonable amount of time to review the proposed contingency fee agreement and then, if desired, seek representation by another attorney
The waiver agreement must be in writing, state the standard contingency fee schedule, include clear waiver language, and be signed and acknowledged by the client before a notary public.
If your attorney requests a waiver of the statutory fee, it may benefit you to obtain a second opinion from another attorney to see if you can get quality representation for the statutory fee. You are the injured party and you should get a fair fee from your attorney who is assisting you with your personal injury matter.
Expenses
In addition to paying your attorneys’ fees, it is customary and reasonable for a client to agree in a written retainer agreement to reimburse the attorney for expenses that the attorney incurs and advances. Expenses may include filing fees, expert witness fees, court costs, investigation expenses, costs for depositions and more. When discussing your attorney’s fees, be sure you are clear with him or her about everything covered by this category. If there are third party fees, copying fees or extra legal research fees, the retainer agreement should make this clear.
Our Firm Is Here to Serve Your Personal Injury Legal Needs
Contingency fees allow victims access to the court system by permitting lawyers to pay themselves at the end of the litigation process. If you have questions about your matter or a fee agreement you have been offered, reach out to Stanfield Bechtel Law. We are prepared to answer your questions and keep in mind, we are also prepared to offer you experienced representation for all of your personal injury needs while charging less so that you end up with more compensation in your pocket.