It may arise also in a situation where the victim does not reasonably discover that he has been harmed by another. Again, these are just general exceptions to the rule. Many of our clients have hired us after months of fruitless negotiations with an insurance company who had assured them that they would receive a fair settlement and that they should not retain a lawyer. It is true that many smaller claims, particularly those which involve only minor personal property loss, can be settled without the intervention of an attorney. Nevertheless, an individual who has experienced a personal injury where there are doctor bills, ongoing treatment, lost wages, significant pain and suffering, and the potential for future impairment and lost wages, should consult with an attorney who is experienced in litigation matters.
Most trial attorneys are willing to handle personal injury cases on a contingent fee basis.
The hallmark of the contingent fee is that the attorney will not charge you for his time unless there is a recovery. If there is a recovery, then the attorney's fee is based on a pre-agreed percentage of the gross amount recovered. The contingent fee to the attorney does not include costs of litigation which may be incurred. These may range from a few hundred dollars if the case can be settled out of court without suit being filed, to tens of thousands of dollars in complex actions such as medical malpractice and product liability. Incurred costs are payable separately, and not as part of the contingent fee.