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 February 15, 2019

Digital Assets and Social Media: Are They in Your Estate Plan?

Authored by: Alanna Mayne, TEP Posted in: Wills & Estates

The recent issues surrounding QuadrigaCX and the death of the company’s CEO, Gerald Cotten, is an important reminder that you should ensure your digital assets are included as part of your estate planning.

Read full article
Blog Post | Friday February 1, 2019

The Mamas and the Papas… and Their Parenting Agreement

Authored by: Mary H. Brown Posted in: Family Law

I’m sure I was not the only one who spent a few minutes this weekend listening to the radio documentary “The Mamas and the Papas: How two Ottawa couples became co-parents ” on the CBC’s The Sunday Edition or reading the accompanying article online.

Read full article
Blog Post | Thursday January 31, 2019

The Supreme Court of Canada Strikes Down Mandatory Victim Surcharges

Authored by: Terrance G. Sheppard Posted in: Criminal Law

The Supreme Court of Canada has declared that a Mandatory Victim Surcharge is unconstitutional in that it imposes cruel and unusual punishment on poor defendants, contrary to the protections provided by the Charter of Rights and Freedoms.

Read full article
Blog Post | Friday January 25, 2019

Restrictive Covenants

Authored by: Lauren M. Randall Posted in: Real Estate

When purchasing a new home, it is important to note that some lots have restrictive covenants that apply to them. Restrictive covenants are rules that govern the use of the lot and other lots in the subdivision.

Read full article