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Category: Truck Accidents

What Percentage Do Truck Accident Lawyers Take? | 24/7 Support

According to the American Bar Association (ABA), personal injury lawyers, including truck accident lawyers, may take anywhere between 30 and 40 percent of the total settlement if they work on a contingency-fee basis. However, different law firms may have varying charges.

There are several factors involved in recovering damages in a truck accident, and they will play a part in how much you give to the lawyers. An attorney can assist you with sorting out the details of a truck accident case and how to move forward in securing an award.

What Is a Contingency-Fee Arrangement?

When a lawyer works on a contingency-fee arrangement, you can receive services up front without paying any fees or costs. The lawyer negotiates your case or argues it in trial and charges you if they win the case. A contingency-fee arrangement is an agreed-upon percentage that you will give to the attorney upon completion of the case. So that’s the percentage truck accident lawyers take.

Generally speaking, lawyers accept cases they feel confident about because they only get paid if you do. So, they’ll assess the case in advance to be sure it qualifies for compensation.

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Are There Other Fees or Costs to Hire a Truck Accident Lawyer?

In addition to paying a percentage of the award, there may be some miscellaneous fees. Every case is different in what exact types of fees there are, but some of these might be as follows:

  • Filing fees
  • Court costs
  • Postage fees
  • Paralegal costs
  • Photocopying costs
  • Faxing charges
  • Deposition and court reporter costs
  • Telephone fees
  • Computer or research-related costs
  • Delivery fees

Usually, these extra costs relate to mailing, filing, and copying charges.

How Can You Find Out About the Validity of Your Case?

Your lawyer will need to evaluate the validity of your case before moving forward.

Many law firms will provide a free case assessment to determine if they feel there is a case. This consultation provides both you and the firm with a good idea about how much you can expect to get and if the case is worth pursuing.

During a case assessment, a representative will interview you and ask you about the details of the situation. They may run some preliminary calculations to determine how much the award would be.

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How Much Are the Damages for a Truck Accident?

The damages you get in a truck accident are an important part of the overall formula when considering what percentage must go to the lawyers. The way recoverable damages are calculated is determined by who is at fault. This is the first step in calculating the award amount for the plaintiff.

There are two main types of negligence laws used in Indiana, Ohio, and Kentucky that establish fault. These are:

Modified Comparative Fault

Indiana and Ohio use this rule, which states that the party needs to only be 50 percent or less at fault in the accident and still claim damages.

Pure Comparative Fault

Kentucky uses the pure comparative fault rule, which states that even if a party is 99 percent at fault, they can still collect some damages.

In both laws above (and in all three states), the award amount will be reduced by the person’s fault in the accident. The main difference between the two rules is with the pure comparative fault law; you can still recover at least a fraction of damages even if you were mostly responsible. If you’re in a modified comparative fault state, you can’t collect any damages if you are over 50 percent at fault.

It’s helpful to have an attorney assisting you in presenting evidence that brings the percentage of fault down on your behalf.

Forms of Compensation You Can Seek in a Truck Accident Case

Depending on your injuries, treatment plan, and other factors, you may be eligible to seek these damages:

  • Past and anticipated medical costs
  • Lost wages
  • Reduced earning capacity
  • Property damage costs
  • Pain and suffering
  • Disfigurement
  • Mental anguish

If your loved one passed away from their related injuries, you could recover wrongful death damages.

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