Many car accident victims see billboards (like the one above!) or hear radio advertisements that car accident lawyers do not charge a fee unless they win. This sounds great, but what does it actually mean? Who pays for the attorney in a car accident? How do car accident lawyers actually collect their fee?
We will look at this issue in this post!
Let’s start with the basics. Unlike other areas of law, personal injury lawyers charge a contingency fee, usually 33.3% or 40% of the gross recovery. But how exactly does a car accident lawyer receive the contingency fee?
Injury clients might believe the negligent party’s insurance company writes two checks – one to the client and one to the lawyer. In fact, in my practice I have had clients ask this very question: will the insurance company write you a separate check for your contingency fee? The answer: no.
When a car accident case settles, the negligent party’s insurance company will write one settlement check. This one settlement check is intended to pay everyone: the client, the lawyer, and any unpaid medical expenses or liens. The insurance company will not pay the car accident attorney separately.
When the car accident lawyer receives the settlement check, he or she will deposit it in his or her trust account and then disburse the settlement funds in accordance with the closing statement. The closing statement will itemize all costs and expenses related to the settlement, including the total settlement amount, attorney’s fees, costs, and the client’s net recovery.
So, to sum up, the insurance company pays the attorney’s fees – and all other damages and expenses – in one settlement check.
At Barthelette Law, we proudly represent car accident victims. We represent car accident victims throughout Florida and pride ourselves on providing zealous, passionate advocacy.
If you have been involved in a car accident, contact us today. It would be our privilege to represent you!