Personal Injury Contingency Fees Explained

At Tillmann Law, we are dedicated to assisting injury victims and their families to receive fair compensation for their damages.

As such, our Portland injury attorney accepts cases on a contingency fee basis. We are only paid once you recover compensation for your injuries.

What Is a Contingency Fee for Personal Injury Cases?

A contingency fee is a form of payment. For example, some lawyers bill for their legal services by the hour. Other lawyers might charge a flat rate fee.

Most personal injury law firms use a contingent fee arrangement. The attorney does not receive payment for legal services unless the client recovers money for their injury claim. Therefore, there is no upfront retainer fee the client pays to hire a personal injury attorney. 

The contingency fee is deducted from the settlement proceeds when the attorney negotiates a settlement with an insurance company or at-fault party. If a case goes to trial, the contingency fee would be deducted from any proceeds received as the result of a jury verdict in favor of the client. 

What Should You Know About Contingency Fees in Oregon?

Oregon Revised Statute §20.340 discuss contingent fee agreements in civil actions related to bodily injury, death, or property damage. The statute also applies to contingent fees for civil actions for non-economic damages, including emotional distress and loss of consortium.

If an attorney and client enter into a contingency fee agreement for the lawyer to receive a percentage of the settlement or judgment amount, the following requirements apply:

• The contingency fee agreement must be in writing. In addition, the terms must be in “plain and simple language” that the plaintiff can understand.
• The attorney must explain the conditions and terms of the agreement in easy-to-understand terms in compliance with the model explanation prepared by the Oregon State Bar before the client signs the agreement.
• The contingent fee agreement must include a provision that permits the client to rescind the agreement within 24 hours after signing. 

Any contingency fee agreement dated on or after September 26, 1987, can be voided if it does not comply with the above requirements. 

Why Does Our Firm Use Contingency Fee Agreements for Personal Injury Cases?

We understand that injury victims and their families face financial hardships after an accident. An injured party could be out of work for weeks or months while they recover from their injuries. Therefore, the person might not have the funds to hire a personal injury lawyer.

People should not have to go without experienced legal counsel after an accident because they have limited resources. Contingency fees allow injured victims access to skilled legal representation. Hiring a lawyer evens the playing field with large insurance companies that have teams of adjusters, investigators, and attorneys protecting their best interests. 

Additionally, a contingency fee agreement incentivizes an injury lawyer to maximize the amount they recover for their client. The more money the attorney recovers for a personal injury client, the higher the attorney fee. 

Who Pays the Costs of a Personal Injury Case?

There are costs and expenses of pursuing a personal injury claim. Costs can include, but are not limited to:

• Filing fees
• Copy and postage costs
• Travel expenses
• Deposition fees
• Fees for accident reports, medical records, and other documents
• Expert witness fees

Typically, the law firm pays the costs incurred throughout the case. When the case settles, the law firm receives reimbursement for the costs from the settlement proceeds.

A contingency fee agreement should address the costs of the case, including how the costs are paid and whether the client is responsible for costs if they do not receive any money for their claim. Make sure you discuss and understand the payment of costs before you sign a contingency fee agreement.

How Much Is a Contingency Fee for a Portland Personal Injury Case?

The amount an attorney charges for a contingency fee depends on several factors, including:

• The complexity of the case 
• The type of personal injury case
• The geographic location of the law firm
• The lawyer’s experience, skills, and success rate
• The parties involved in the case
• Whether the case goes to trial or settles before a lawsuit is filed

As with other fees, you usually pay a higher rate to hire a lawyer with more experience, a high success rate, and significant resources to handle cases. Personal injury cases can be complicated and challenging to win. Hiring an experienced lawyer who understands negligence claims and how to establish liability increases your chances of success. 

Schedule a Free Consultation With Our Portland Personal Injury Lawyer

Our legal team at Tillmann Law Personal Injury Lawyers is ready to help you recover the money you deserve after an accident or personal injury. Your time to file a personal injury claim is limited by the Oregon statute of limitations. Contact our law firm today to schedule your free consultation with an experienced Portland personal injury attorney at (503) 773-3333.