The National Highway Traffic Safety Administration (NHTSA) estimates that approximately 86,000 people suffered injuries in 2017 because of an accident caused by a negligent commercial truck driver. If you have recently suffered injuries and other damages in a truck accident, you could hold the at-fault party to account for your damages and suffering.
A truck accident lawyer can give you peace of mind, help protect your rights, and fight for you. Once you brought them your case, your attorney will evaluate your situation, establish your legal venues to explore, and assign a value to your injuries and losses to demand from the at-fault party. Whether you opt for settlement negotiations or you go to court, your attorney will be there every step of the way, doing their best to ensure you receive the maximum amount of compensation. However, you might wonder what percentage truck accident lawyers take should they win your case. Many truck accident lawyers work on a contingency fee agreement, which the American Bar Association (ABA) explains typically results in the attorney receiving one-third (or 33.3 percent) of any award you recover.
Explaining Contingency Fees
If you and your attorney have a contingency fee agreement, you will not pay any upfront lawyer’s fees. Your lawyer will only receive their payment as a percentage of your recovery if they win your case. Your lawyer’s pay is, therefore, “contingent” on winning your case.
While it can be difficult to generalize about how much a lawyer will charge, it often comes to one-third of the final award. However, the exact percentage depends on the lawyer and their fee agreement with you.
You Pay No Attorney’s Fees If You Lose Your Case
A contingency arrangement can prove advantageous for a client since a lawyer will use their resources while working on your case. If the other party wins the case, you will not have to pay any lawyer’s fees, and your attorney will not get paid.
You Might Have to Pay Other Fees
Before entering into any agreement with a truck accident lawyer, make sure that you fully understand the terms. While you may not have to pay any attorney’s fees upfront with a contingency agreement, you might have to cover other out-of-pocket costs. For example, you may have to pay anticipated court filing or document copying fees.
In some cases, you might have no upfront costs whatsoever. Some truck accident lawyers absorb any court filing costs, then charge them against the settlement you receive later. Your contingency agreement might hold you responsible for these miscellaneous costs, even if you lose your case.
Since agreements can vary widely between lawyers and law firms, you must take the time to ask your potential lawyer questions about their fee structure. You will also want to know what percentage your truck accident lawyer takes if they win your case.
Liability in a Truck Accident Case
Unfortunately, truck accident cases can become intimidating and convoluted. Unlike a passenger car accident, commercial truck accidents can involve many different at-fault parties:
- The driver
- The truck owner
- The trucking company
- The truck manufacturer
- The company loading the cargo
- The company fixing or servicing the truck
Establishing liability may require not only some detective work but also a technical understanding of trucks and big rigs. In some cases, proving negligence will rely heavily on expert witness testimony.
Various laws and regulations apply to commercial trucks and trucking companies. A truck accident lawyer knows how to handle complicated truck accident cases and can build your claim against the at-fault party or parties.
Compensation in a Truck Accident Case
While every truck accident case is different, the compensation you could recover could include:
- Medical expenses
- Property damage
- Lost income
- Pain and suffering
- Reduced life quality
A truck accident can play a role in the damages you recover. When fighting for a fair settlement, it is crucial to know the full extent of your damages, and a lawyer can help with this calculation. They can analyze your medical records and other aspects of your case to determine your damages, including any future expenses you could have because of the accident.
Settlement Negotiations
While you might think you can go it alone against the at-fault party or parties in a truck accident case, in reality, this can prove extremely challenging. A truck accident lawyer can protect you against any tactics the at-fault party’s insurance company or legal team might use to force you into agreeing to a lowball settlement offer.
If agreeing on a settlement seems impossible, a personal injury lawyer can take your case to court and fight for justice and adequate compensation for you. In short, having a lawyer by your side could prevent you from leaving money on the table, whether in an out-of-court settlement or at trial.
Contact a Truck Accident Lawyer Today
If you suffered severe injuries and damages in a truck accident, the team at Pintas & Mullins Law Firm can protect your rights and fight for the justice and compensation you deserve. Call us now at (800) 223-5115 for a free consultation with one of our team members.