Attorneys such as Rob, who handle Injury Claims, Workers’ Compensation matters, Car Accidents, etc., almost always represent clients on a “Contingent Fee” basis.
What is a Contingent Fee?
A Contingent Fee is payment for legal services to an Attorney that depends upon a recovery or award in a particular case. The payment is generally a Percentage of the Amount Recovered (for instance 15%, 25%, 33.3%, 40%, of the Amount Recovered). The Percentage depends on the type of case (Workers’ Compensation as compared to a Personal Injury Claim, and with regard to Personal Injury claims, whether the matter goes to a Trial or is Appealed to the Court of Appeals or Supreme Court). Some Contingent Attorney Fees are set by law (as in Workers’ Compensation Cases and Social Security cases). In such cases, an Attorney can not charge a Contingent Fee for more than what the law allows.
For example, in Workers’ Compensation cases the percentage is established by law. In some cases, an Insurer or Employer will have to pay the Attorney’s Fee out of their pocket. In Oregon, for instance, where your Workers’ Compensation Claim is denied, and thereafter a Judge or Court finds that the Insurer’s Denial of your claim was wrong, the Attorney’s Fee is usually paid by the Employer or your Employer’s Insurer.
Contingent Attorney Fee Agreements must be in writing. An attorney is not entitled to a contingent fee in the absence of an express written contract.
In Workers’ Compensation and Personal Injury cases, I do not charge a fee for an Initial Consultation.
If you would like to speak to me to consult about your legal rights when you are injured or are considering filing or pursuing an injury claim, there are No Costs for Attorney’s Fees to you.
Also, since my fee is contingent upon making a Recovery for you, it usually makes sense to hire me sooner rather than later. In this way, you get the benefits of having an attorney by your side from the outset of your claim – rather than at a later date.
In a Contingent Fee Case, the Fee Percentage is established by law and contract in a written agreement.