How Much Does It Cost to Hire a Lawyer after a Car Accident in Georgia?

Everybody believes that lawyers are expensive — don’t they? If you’re a broke car accident victim, out of work pending recovery from your injuries, can you afford a lawyer to represent you for a personal injury claim? The answer that will surprise many people is actually yes, you absolutely can if you have a strong claim.

The initial consultation

The first step in your relationship with a personal injury lawyer is the initial consultation. This typically takes place in the lawyer’s office or over the phone, but the lawyer might agree to meet you at your home or even in the hospital if your injuries are serious. At the initial consultation, the lawyer will listen to your story and explain your options. Initial consultations for a personal injury case are almost always free.

What is a contingency fee?

Almost all personal injury lawyers work on a contingency fee basis. The word “contingency” refers to the fact that your lawyer only gets paid if you recover or “win.” “Winning” could mean a courtroom verdict, but it is more likely to mean a private settlement. No matter how little or how much you win, your lawyer gets a pre-agreed percentage (subject to state ethics rules about reasonableness).

The typical contingency fee ranges from 30% to 45%. Your lawyer might also set a two-tiered contingency fee: 30% if you settle, 40% if you go to trial, for example. This amount represents your attorney’s fees, and your lawyer will deduct it from your compensation after a recovery.

Upfront costs

Most personal injury lawyers charge nothing up front. That means if the lawyer agrees to represent you, you can hire them without a dime in your bank account.

Case expenses

Every personal injury case generates certain expenses, such as:

• Investigation fees
• Expert witness fees
• Court filing fees
• Medical records and billing retrieval fees
• Deposition and court reporter fees
• Travel expenses for attorneys or witnesses
• Costs of demonstrative evidence (e.g., diagrams, models)
• Mediation or arbitration fees
• Service of process fees
• Photocopying, postage, and other administrative costs

The amount of these fees varies from case to case. Your lawyer might agree to advance the costs. Alternatively, they might expect you to deposit a retainer out of which they withdraw case expenses. Make sure you talk with your lawyer about what to expect for expenses up front.

Can you negotiate your legal fees?

Yes, you can negotiate your legal fees, since they are not set in stone. The more your case is worth and the greater your likelihood of winning, the greater your bargaining power you may have when negotiating fees. This also may depend on the amount of time and expenses the attorney expects to spend on your case based on their initial review.

Calculating your damages

Since personal injury lawyers charge as a percentage of your total damages, how much you pay your lawyer depends on the amount of your damages. Georgia recognizes three types of damages: economic damages, noneconomic damages, and punitive damages.

Economic damages

Generally speaking, economic damages represent any damages you can  count. That includes medical expenses, lost earnings, and any out-of-pocket expenses you might have to pay, such as deductibles and copays. Be sure to include any expense that relates to your injury. Did you have to send your children to daycare, for example, while you were recovering from your injuries? You shouldn’t have to pay those expenses without reimbursement.

Noneconomic damages

Noneconomic damages compensate you for intangible losses such as pain and suffering and mental anguish. If you’re not a lawyer, you are likely to drastically underestimate the value of these damages. Plaintiffs sometimes receive two to five times as much in noneconomic damages as they do in economic damages. This is where a persuasive lawyer can really help you.

Punitive damages

The purpose of punitive damages is not to compensate, but to punish. You can only receive them if you also receive economic or noneconomic damages. Georgia awards punitive damages only if you prove by “clear and convincing evidence” that the defendant’s conduct was so outrageous that it exhibited “conscious indifference to consequences.” A perfect example in a car accident case is a “road rage” accident that the defendant intentionally inflicted upon you.

It is important to note that Courts only occasionally award punitive damages.

Other fee arrangements

The contingency fee is not the only possible fee arrangement, but it is often the best arrangement for personal injury victims. For other types of cases, a lawyer might seek one of the following types of payment arrangements:

Billable hours

A billable hour arrangement is simply [number of hours worked] X [hourly rate]. For example ,if the lawyer charges $200 per hour and spends 12 hours on your case, that adds up to $2,400 in attorney’s fees.

Flat fees

If the lawyer believes the amount of work in your case is predictable, they might offer a flat fee, such as $2,500 to represent you from beginning to end of your case.

Get your fee agreement in writing

This is unlikely to be a problem. You just need to make sure it means exactly what you think it means. Read it carefully and ask your lawyer to clarify any confusion you may have.

Schedule a free initial consultation with an Atlanta personal injury lawyer

The attractiveness of your claim doesn’t depend on how much you can afford to pay your lawyer. Instead, it’s going to depend on the evidence supporting your claim. That means you might not even know how much your claim is worth until you talk to a lawyer.

Harris Lowry Manton is an Atlanta personal injury lawyer who will fight to make sure you receive fair compensation for your injuries. Act today to schedule a free initial consultation so that we can explore your options together.