How Much Does a Lawyer Charge for a Slip and Fall Case?

A slip and fall accident is a traumatic experience for anyone to go through. You’re in pain and scared about the effects your accident will have on your health and finances. If you have been injured in a slip and fall, make sure to see a doctor right away to treat your wounds and keep them from getting worse. The next step should be to call an attorney in order to learn about your rights and legal options. But you may be hesitating to make that call because you’re worried about the legal fees. We understand your concern and hope to put your mind at ease regarding the costs. Please keep reading to find out how a lawyer is paid in a case for a slip and fall accident.

As a slip and fall accident victim, you may be able to sue the property owner or any other responsible parties for your injuries. Call Normandie Law Firm and learn about your rights during a free consultation.

Average Cost of a Lawyer to Handle a Slip and fall Injury Case

In truth, there is no “average” value we can give as an answer when clients ask, “How much does a lawyer charge for a slip and fall accident case?” Each accident has its own set of factors, including the types of injuries, the long-term effects of those injuries, and the people or entities that are liable for the accident. These and other factors, all contribute to the actions that are needed on your case. Those actions result in a certain number of hours that your lawyer will need to work before you are compensated for your losses.

Fortunately, there’s a way to pay for all this that won’t cost you anything upfront. It’s called a contingency fee agreement, and it’s the way most cases are handled by a personal injury attorney.

Contingency Fee Agreements in California

It’s difficult for people to pay a lawyer in advance, nor is it practical to pay on an hourly basis. As we mentioned, it’s hard to anticipate the number of hours or tasks that your lawyer will need in order to win your case. Thus, it makes sense for lawyers to defer their payment until you receive your settlement award. This is called a contingency fee agreement, which allows an attorney to take a percentage of their client’s settlement.

In California, contingency fees typically range from 33% to 50% of a client’s compensation award. Why such a big range in the percentages, you ask? Generally, the percentage is lower if your slip and fall case settles without a lawsuit or mediation / arbitration. This means you and the other side come to an agreement on what you are owed, and there is no need for the courts to intervene.

However, the fees go up once you file a lawsuit and your case is in litigation. There’s a lot more work your attorney will have to do at this point, including:

• Investigating your accident and gathering evidence.
• Hiring expert witnesses that can support your claims.
• Deposing (questioning) witnesses.

At this point, your lawyer is essentially preparing for trial, though mediation or arbitration will be ordered by the courts before then. These methods are extremely effective in resolving slip and fall cases without the need for a trial. However, your lawyer will need to be present at the settlement conference and prepare for it ahead of time. These hours add up, and the rise in contingency fees reflects the extra work that’s needed.

You may also need to cover litigation costs at the end of your case, which are in addition to your lawyer’s legal fees. These include costs like filing fees, hiring expert witnesses, and recording depositions, which can be thousands of dollars depending on the complexity of your accident.

To learn more about the costs of litigating a slip and fall injury case, please schedule a free consultation with one of our attorneys.

Contingency Fee Example

To show you how the contingency fee structure works, here is an example:

You have a slip and fall case and agree to hire a lawyer, who will take 33.3% of your settlement at the end of your case. You agree to a final settlement of $10,000, out of which $1,000 is deducted for the costs of litigating your case. That leaves you with a remaining amount of $9,000 from which your lawyer receives 33.3%, leaving you with approximately $6,000 in compensation.

Many of our cases are worth much more than $10,000, but we used this example to make things as simple as possible. Having said that, some clients do the math and ask themselves, “Is it really worth it to hire an attorney?”
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Is a Contingency Fee Agreement Worth It?

A good lawyer would never jump the gun and insist that you get an attorney for your case. Slip and fall victims with minor injuries may be able to recoup their losses on their own, as long as the insurance company accepts their claim. The problem is when insurers reject or fight the injury claim by saying their client is not responsible for the accident. They may try to blame you for the slip and fall, or say that your injuries were caused by something else. In some cases, they haven’t rejected your claim but are playing games and delaying your payment for months on end.

This is the point where we normally see clients, but the first consultation is not about guaranteeing a certain amount of payment or pressuring clients to retain our services. If you run into this type of situation with an attorney, it’s not a good sign and you should probably look elsewhere for assistance. Instead, we review the details of your slip and fall accident and help you decide if a contingency fee agreement is right for you.

To help a client come to a decision, here are some of the factors we discuss during the initial consultation:

• Is the offer from the insurance company unreasonable for the extent of your damages?
• Is the store, hotel, property owner, or any other responsible party denying liability in your accident?
• Are you comfortable representing yourself in mediation / arbitration, or in front of a judge and jury if your case goes to trial?

That last question is particularly relevant, since there’s a good chance you will have to file a lawsuit by the time you come to see an attorney. Most slip and fall victims lack the legal knowledge needed to navigate this process and may have their case dismissed from one small error or a missed deadline. This can be a big waste of time and money, so it may be best to work with an attorney from the start.

Keep in mind that your initial consultation with us does not obligate you to retain our services. We are simply here to advise you of your legal options and help you make an informed decision.

How to Protect Yourself in a Contingency Fee Agreement

Regardless of whether or not you come to see us, we want to make sure your interests are protected. Legal contracts can be confusing, and it’s your lawyer’s duty to explain things as clearly as possible. Additionally, all payment terms between you and your attorney must be in writing. Below are a list of terms that should be clearly outlined in any contract you sign for a contingency fee agreement.

• The percentage of your settlement that goes towards legal fees.
• Conditions that can increase the percentage throughout your case.
• Types of expenses that will be deducted from your settlement, on top of your lawyer’s fees.

A lawyer is prohibited from charging “unconscionable” rates for legal fees, meaning the contingency percentage seems outrageous based on your type of case. However, there is no legal standard for what is deemed outrageous for legal fees. So if you currently have a lawyer but feel like their fees are excessive, you should discuss your concerns with another attorney.

Our law firm offers free second opinions specifically for this purpose. If you’re unhappy with your lawyer’s service, please speak with one of our attorneys right away. We will be happy to provide you with an honest assessment and help you decide on the best course of action.

Can I Switch Lawyers?

Do you feel like your attorney is charging too much for their services? Are you unhappy with the way they are handling your case, or what they think your slip and fall accident is worth? If so, you have the right to switch lawyers at any point in your case. But that’s a big decision, especially if you’ve already filed a lawsuit. We can help you make an informed decision on this issue during a free second opinion consultation.

Sometimes, we find that the differences between lawyers and clients are misunderstanding that can be resolved with an honest conversation. But excessive legal fees, lack of experience in slip and fall accidents, and unexplained delays are legitimate concerns that can negatively affect the outcome of your case. These may be reasons to transfer your case to another firm, but you shouldn’t make any final decisions without guidance from an experienced slip and fall attorney.

Contact our office and schedule a free second opinion with one of our lawyers. If it’s in your best interest to switch over to us, we will take care of the details with your current attorney, like working out a payment agreement to compensate them for their work. But changing lawyers is easier early in your case, so don’t wait to speak with us if you’re unhappy with your attorney.

Advice from the Lawyers of Normandie

A slip and fall accident comes with many losses, which is why it’s important to seek monetary damages right away. Doing so may be simple, but lawyers are often needed to bring about a fair amount of compensation for the victims and their families. Here at Normandie, our clients’ needs come first, which is why we’ve always worked under a Zero fee guarantee. That means you pay nothing upfront for any of our services, even if you’re coming to us from another law firm. We only get paid if we settle your case, so if we fail to recover your damages, you owe us nothing at all.

Contact our office and schedule a free consultation with one of our attorneys. We are happy to educate you on your legal options and look forward to helping you no matter where you are with your slip and fall accident case.

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