However, until the lawyer knows the details of the accident or occurrence which gave rise to the injury and the nature and extent of the injury itself, the lawyer cannot state with any degree of reliability whether or not the case may have to go to trial. Whether or not a case goes to trial, the lawyer who takes the case and prepares it as if it is going to trial will get the best result by way of settlement. It is the lawyer who tries cases regularly who gets verdicts that the insurance companies and defense lawyers know is someone that has to be dealt with. If a lawyer has a reputation for only settling cases, then an insurance company may be inclined to offer short money just to get rid of the case. Therefore, it is very important to know whether or not your lawyer has experience trying cases.
Most lawyers take personal injury cases on a contingency fee basis.
In most instances the usual practice is for the lawyer to take a fee of one-third out of the settlement for a verdict received in the case. Many, but not all lawyers, will pay for the out of pocket expenses associated with pursuing the claim. Some lawyers may ask the client to front the lawyer the money for expenses. In that instance if the case is lost, then the client loses those funds. Most lawyers can tell a client in advance if the client has to pay expenses up front.