COVID-19 Update: We are working remotely and available to help our clients. Learn more
Friday July 15, 2016

What Will a Car Accident Lawyer Charge to Take on my Case?

Authored by: David S.R. Parker Posted in: Personal Injury

If you have been involved in an accident and are seeking compensation for your injuries, you may think that pursuing your case involves expensive legal fees. Paying for a lawyer when you are injured can also make a stressful situation even more traumatic, therefore, it is important that you know your options before you take action.

 Why do you need a lawyer?

A lawyer is meant to be your advocate. This means they will put their best foot forward in making a claim against the insurance companies to seek compensation for your injuries. In order to do this, lawyers obtain medical records, employment records, and accident reports to formulate what lawyers call the theory of the case. Once this theory has been fine tuned and all of the details have been put into place, a lawyer will present the theory to the insurance company highlighting what happened, what the consequences are and how much it will take to compensate you for your loss.

What is a contingency fee?

Personal injury and accident lawyers often work on something called contingency. Contingency means that in general, the lawyer’s fees are “contingent” on getting you compensation first. In other words, your lawyer will not be paid until you are.

When you first go to see a lawyer after an accident, the lawyer will listen to your potential claim and if you both agree to move forward, you will often be asked to sign a Contingency Fee Agreement (“CFA”). A CFA will outline the terms of the lawyer’s fees, when they will be paid and what extra costs may come up during the process.

What usually happens is that the lawyer will recover a percentage of whatever amount they obtain for you either through settlement negotiations or by an award at trial. It is important to discuss these percentages with your lawyer so you have a clear understanding of your agreement. Whether there is a flat rate or a sliding scale, in a contingency fee agreement if your lawyer is unable to obtain any funds for your claim, their fees will not be owed.

What are disbursements?

Typically a contingency fee agreement means that if your claim does not settle or no award has been allowed at a trial, you do not owe the lawyer fees. However, when acting on your behalf, lawyers are often required to spend money on third party services. These are often referred to as disbursements. Some examples of such disbursements include fees to physicians for medical reports, fees charged by the Courts, long distance telephone calls, photocopies and fax transmissions. Disbursements are generally payable regardless of the outcome of your case. You should discuss with your accident lawyer how disbursements are paid.

The Bottom Line

David S.R. Parker is a Partner that practices in the area of Personal Injury and Accident Law. If you have questions connect with David by phone (902) 460-3447 or email dparker@boyneclarke.ca.

Share This Post:

Ask a question about this post.

Any Questions

Recent Blog Posts

Blog Post | Friday July 17, 2020

Return to treatment series: Get your healthcare even during the COVID-19 pandemic

Authored by: Shafic A. Khouri Authored by: David S.R. Parker Posted in: COVID-19 Personal Injury

Recently, governments have started to ease restrictions and, as a result, healthcare providers have started opening their doors for in-person treatments. We asked chiropractor Dr. Liam Ryan a few questions about the clinic Nova Physiotherapy and how it is operating during this time.

Read full article
Blog Post | Tuesday July 7, 2020

Don’t let COVID-19 stop you from getting the healthcare treatment you need

Authored by: Shafic A. Khouri Authored by: David S.R. Parker Posted in: COVID-19 Personal Injury

The COVID-19 pandemic has disrupted many of the activities and routines in people’s daily lives. We asked chiropractor Kate MacAdam at Dr. MacAdam and Associates a few questions about her clinic and how it is operating during this time.

Read full article
Blog Post | Thursday June 25, 2020

Saskatchewan Bill 205 – Changes for Surrogates and Intended Parents

Authored by: Terrance G. Sheppard Authored by: Kelsey J. Webb Posted in: Family Law

Bill 205 passed royal assent on March 16th. Although the Act is not yet in force, the changes led to some much-needed updates to Saskatchewan’s Children’s Law Act and fertility law.

Read full article
Blog Post | Monday June 22, 2020

What is the award for your pain and suffering from a vehicle collision?

Authored by: Shafic A. Khouri Authored by: David S.R. Parker Posted in: Personal Injury

If you suffered minor injuries from a motor vehicle collision, Nova Scotia law sets a limit for the amount you can be awarded for your pain and suffering. This limit depends on the year in which the collision happened.

Read full article