Advantages of the Contingency Fee Model in New Jersey Personal Injury Cases

Learn the Functionality of Contingency Fees with Help from Our Freehold Personal Injury Lawyers

The contingency fee mechanism is a legal arrangement in which a lawyer’s fee is contingent upon the successful outcome of a case. In other words, the lawyer’s payment is dependent on winning the case or achieving a favorable settlement for the client. If the case is unsuccessful, the lawyer does not receive a fee, but if the case is successful, the lawyer typically receives a percentage of the awarded compensation or settlement.

A Brief Summary of the Contingency Fee Process

When you approach a personal injury lawyer with a potential case, they will typically offer an initial consultation to evaluate the merits of your case. During this consultation, the lawyer will assess the chances of success and determine if they are willing to take your case on a contingency fee basis.

If the lawyer agrees to handle your case on a contingency fee basis, both parties will enter into a written agreement known as a contingency fee agreement. This agreement outlines the terms and conditions of the arrangement, including the lawyer’s percentage fee and any expenses that may be deducted from the final settlement.

Once the agreement is signed, the lawyer will start working on your case. They will provide legal services such as investigating the facts, gathering evidence, interviewing witnesses, researching relevant laws, drafting legal documents, and representing you in negotiations or court proceedings.

If the case is successful and you receive compensation or a favorable settlement, the lawyer’s fee will be calculated based on the agreed percentage mentioned in the contingency fee agreement. The lawyer will deduct their fee and any agreed-upon expenses from the total amount awarded to you.

If the case is unsuccessful and no compensation is obtained, you generally do not owe the lawyer any fees. However, some contingency fee agreements may include provisions for reimbursement of certain expenses incurred during the legal process, which you may still be responsible for.

Contingency Fee: How Does It Function?

Most lawyers charge their clients on an hourly basis. A client typically pays an amount upfront before the lawyer works on their case.  This stipend is known as a retainer.  It’s important to note that the retainer is not the final fee for legal services. Instead, it acts as an initial deposit from which the lawyer’s fees and expenses are deducted. The specific terms and conditions of the retainer, including how it will be applied and any refund policies, should be clearly outlined in a retainer agreement.

A contingency fee pays the attorney once a settlement has been finalized.  If the case is won, everything is paid to the attorney.  Their payment is contingent upon a positive outcome.

The Close Relationship Between Contingency Fees and Personal Injury Law

Contingency fees are commonly used in cases involving automobile accidents, including collisions between cars, trucks, motorcycles, or pedestrians. These cases often involve claims for injuries, property damage, and medical expenses.

If you’ve been injured in a slip and fall accident on someone else’s property due to hazardous conditions like wet floors, uneven surfaces, or inadequate maintenance, a contingency fee agreement may be used to handle your case.

When healthcare professionals, such as doctors, nurses, or hospitals, provide substandard care that results in harm or injury to a patient, contingency fee agreements are often employed for medical malpractice cases.

A contingency fee agreement may be used to pursue a product liability claim if you’ve been injured due to a defective or dangerous product, such as a malfunctioning vehicle, faulty medical device, or hazardous consumer product.

In cases where an employee is injured on the job due to employer negligence or unsafe working conditions, such as construction site accidents or industrial accidents, contingency fee agreements are commonly used.

If you’ve been bitten or attacked by a dog, resulting in injuries, a contingency fee agreement may be employed to handle your case and seek compensation from the dog owner or responsible party.

In cases where another party’s negligence or misconduct leads to an individual’s death, the surviving family members may pursue a wrongful death claim using a contingency fee agreement.

Implications of Working on a Contingency Fee Basis

Working under a contingency fee model can offer several benefits for attorneys. Contingency fee arrangements can attract clients who may not have the financial means to pay upfront legal fees. This broadens the attorney’s client base and allows them to assist individuals who might otherwise be unable to pursue legal action.

When clients are not financially burdened by upfront fees, they are often more motivated and committed to their cases. This can lead to better cooperation, increased involvement, and a stronger partnership between the attorney and client.

 The contingency fee model directly incentivizes attorneys to achieve the best possible outcome for their clients. Since the attorney’s fee is contingent upon a favorable outcome, they are motivated to invest time, effort, and resources into building a strong case, conducting thorough research, and employing effective legal strategies.

In successful cases, attorneys working on a contingency fee basis can earn higher fees than traditional billing models. If the case results in a substantial settlement or award, the attorney’s percentage fee can translate into a significant payment.

Handling cases on a contingency fee basis can provide attorneys with valuable experience and knowledge in specific practice areas. By working on various cases, attorneys can enhance their expertise, develop a reputation, and attract more clients in the future.

Pros for Injured Victims using a Contingency Fee Model

Contingency fee agreements enable clients who may need more financial resources to afford upfront legal fees to access legal representation. Clients do not need to pay the attorney’s fees unless they receive a favorable outcome in their case, making legal services more accessible and affordable.

Clients do not need to pay attorney fees if the case is unsuccessful. This reduces the financial risk for clients, as they are only responsible for paying legal fees if they obtain a positive result. It allows individuals to pursue legal action without worrying about the potential expenses associated with their case.

Clients who may not have the means to afford high-priced legal services can still benefit from the expertise of experienced attorneys through contingency fee arrangements. This allows clients to work with skilled professionals with a track record of success in their respective practice areas.

Contingency fee agreements level the playing field for clients who are up against powerful opponents, such as corporations or insurance companies. These entities often have significant resources and legal teams at their disposal. The contingency fee model enables clients to have competent representation without the financial disadvantage that could otherwise limit their ability to pursue their case.

Since clients are not burdened with upfront legal fees, they can focus on their case and actively participate in litigation. Clients can provide the necessary information, assist in gathering evidence, and collaborate with their attorney without the immediate financial strain that traditional billing models might impose.

How is the Percentage of Attorney Payment Determined in New Jersey?

The New Jersey Court Rule 1:21-7 states that an attorney’s contingency fees cannot exceed the following structure: 33% on the first $750,000 that was recovered, 30% on the next $750,000, 25% on the next $750,000, and 20% on the next.

Discuss the Reasons for the Contingency Fee Structure with our Personal Injury Attorneys in Southern NJ

Our attorneys provide legal services under a contingency fee model for many personal injury cases.  We want to help you obtain a fair settlement or verdict award for damages if you have been injured due to someone else’s negligence in New Jersey. 

As an accomplished legal team, our lawyers have the experience and knowledge necessary to deliver a win. We can handle the rigors of court and will skillfully handle your case against opposing counsel, an insurance company, or someone else who stands in the way of you obtaining just compensation.

We are motivated to get you what you deserve if you or a loved one experienced injuries in an accident in Freehold, Holmdel, Middletown, Tinton Falls, Neptune, Toms River, Brick, Point Pleasant, and surrounding areas in Monmouth County, Ocean County, and Southern New Jersey.

Contact Clark & Noonan, LLC today or seek help online if you would like to talk to a personal injury lawyer about your potential claim. Your case couldn’t be safer than it is in our hands.

Clark & Noonan, LLC – Freehold Office
35 Court St 1A, Freehold, NJ 07728
(732) 303 7857