What is the typical fee arrangement in personal injury/wrongful death cases?
The vast majority of personal injury/wrongful death cases are handled on a contingency fee basis ranging from 25%-40% of the amount recovered either by way of settlement or trial. For example, workers compensation claims are generally handled on a 25% basis, and medical malpractice cases, including nursing home malpractice, will involve a 40% contingency fee. Generally the attorneys will advance expenses such as filing fees, deposition costs, expert witnesses fees but with a provision in the written fee contract signed by the client and counsel, the expenses will be reimbursed from the amount recovered on behalf of the client. Most contingency fee contracts provide that if there is no recovery for the client, he or she is not obligated to reimburse the attorney for the out-of-pocket expense which have been paid by the attorney. It is standard for the parties to sign at the time of the first meeting or shortly thereafter, a written fee contract which sets out in detail how fees and char
