Understanding Attorney Fees & Case Outcomes After A Car Accident

After a car accident, the legal process can feel overwhelming, especially when it comes to legal fees and potential case outcomes. Many people hesitate to seek legal representation because they worry about costs, but working with an experienced attorney often results in a significantly better outcome. At Herschensohn Law Firm, PLLC, we prioritize transparency so clients fully understand what to expect financially and how their case may progress.

How Attorney Fees Are Structured

Oftentimes, our Seattle, WA personal injury lawyer works on a contingency fee basis. This means you don’t pay upfront costs or hourly rates. Instead, legal fees are deducted from the final settlement or court award. If there is no financial recovery, you do not owe attorney fees.

Our fee structure depends on how the case resolves:

• Pre-Lawsuit Settlement (33 1/3%) – If the case is resolved without filing a lawsuit, the legal fee is one-third of the settlement amount.

• Post-Lawsuit but Pre-Trial Settlement (35%) – If a lawsuit is necessary but the case settles before trial, the attorney fee increases slightly.

• Trial Verdict or Further Litigation (Higher Percentage) – If a case goes to trial, legal fees may be higher due to the additional time and resources required.

Beyond attorney fees, there are case costs, which are expenses incurred during litigation, such as medical records retrieval, filing fees, and expert witness fees. These are deducted from the settlement at the conclusion of the case.

How Your Case May Progress

Each car accident case follows a different path, depending on factors like liability, insurance coverage, and damages. About 60% of cases resolve without filing a lawsuit, which keeps costs lower and expedites settlements. Even when a lawsuit is filed, most cases settle before reaching trial.

When we review your case, we assess:

• Who the case is against (typically the at-fault driver’s insurance provider)

• The likelihood of a pre-lawsuit settlement

• Whether additional legal action is necessary to secure fair compensation

We regularly file lawsuits when required to increase settlement value. This strategic approach benefits all clients, even those whose cases don’t proceed to court.

Handling Billing And Costs

A common concern among clients is how costs are handled, especially if no settlement is reached. We advance case costs, meaning clients do not have to pay for expenses upfront. These costs vary based on the complexity of the case and whether a lawsuit is filed.

For example, if your medical treatment was limited to an urgent care visit, total case costs are usually minimal—often under $100. If a lawsuit is necessary, costs rise due to expert testimony and court fees. However, we strive to keep these expenses manageable and only pursue legal action if it aligns with your best interests.

Client FlexibilityAnd Case Decisions

We believe in maintaining open communication and flexibility throughout the case. Meetings are scheduled based on client preference, whether by phone, email, or virtual platforms like Zoom. While most meetings occur during standard business hours, we do our best to accommodate special requests.

Clients also retain the right to discontinue representation at any time. If a settlement offer has already been made, we may assess an attorney lien for fees. Otherwise, clients are free to withdraw from their case, subject to reimbursement of any advanced costs.

If you’ve been injured in a car accident, understanding your legal rights and potential outcomes is crucial. Our team is committed to helping clients achieve fair compensation while keeping the legal process straightforward and transparent. Contact us today to discuss your case and explore your legal options.