Standard Slip and Fall Lawyer Fees: How Costs Affect Your Payout

See how slip and fall victims afford attorney fees with and without a lawsuit. Learn how fees, costs, and liens affect injury compensation.

The American judicial system represents justice for all. That includes equal treatment and access to the civil litigation system.

Accident victims, from car accidents or slip and falls, can file a personal injury lawsuit with a state or federal court. If their lawsuit has merit, the person should win their case and be compensated for economic damages and their pain and suffering.

In slip and fall injury cases, property owners usually get representation through their insurance companies. An insurance company lawyer works hard to make your lawsuit as difficult as possible.

So, while you technically don’t need a lawyer to file a slip and fall claim, it’s often a very good idea to get one. But most slip and fall victims can’t afford to pay for an attorney upfront. The legal community recognized and addressed this problem with contingency fee agreements.

You may have heard about contingency fees in television advertisements where a personal injury lawyer says, “There’s no fee unless I win.” The term “win” can mean many things, from a court verdict to a settlement. And even if you lose, you may still have to pay some costs the attorney advanced on your behalf.

This article explains attorney contingency fees for slip and fall cases. Fee agreements differ from case to case, so you should be able to negotiate the terms of this agreement with your slip and fall lawyer starting with a free initial consultation.

We’ll look at how fee agreements usually work and what you can expect to pay your lawyer based on the status of the case. We’ll also discuss how costs are different from fees, and how different kinds of liens might affect your final settlement payout.

Contingency Fee Agreements: Basic Terms

Person's hand holding a pen with a contract on the table

The basic idea behind legal representation on a contingency fee basis is that your lawyer gets paid according to the result that they achieve in your case. The American Bar Association (ABA) lays out the requirements for contingency fee agreements.

Contingency agreements usually pay your attorney a percentage of the total amount you get from your personal injury claim.

1. How a Contingency Fee Works

Fee agreements should be in writing, with the terms of the fee spelled out in plain language. Above all else, the lawyer’s fee must be reasonable given the type of case, the attorney’s experience, and the legal work actually required.

Another important term of these agreements is how your lawyer is compensated based on the stage of the case when it resolves. Though an advertisement may say, “You don’t pay me unless you win,” pay attention to what counts as a “win.”

Many agreements will break down potential wins into stages of a lawsuit. They then assign a percentage fee to each stage. If your case resolves during that stage, you pay that fee.

Example of Contingency Fee Structure

Imagine you slip and fall in a puddle of water at a grocery store. As a result of your fall, you have broken bones in your hands, arms, and back. You have a consultation with a lawyer, who presents you with a contingency fee agreement.

The agreement lays out the following fee structure:

  1. The lawyer will make a claim to the grocery store’s insurance company and try to settle on your behalf. If he is successful in obtaining a settlement at this stage, his fee percentage will be 25% of the amount paid to you by the insurance company.
  2. If he cannot settle with the insurance company, he will file a premises liability lawsuit on your behalf in state court. Once the suit is filed, he will begin discovery, including getting medical records, taking depositions, and filing motions. If the case settles at this stage before trial begins, the lawyer’s fees will be 33% of that amount.
  3. Once the trial on your slip and fall claim begins, the lawyer’s fee increases to 40% of any amount you get. This amount remains the same whether you get money from a settlement or a judgment.

2. What Happens If There’s an Appeal?

Empty courtroom with tables and chairs

If your case does go to trial and you win a jury verdict, it’s unlikely to stop there. The losing side in a personal injury case can appeal to a higher court.

In an appeal, the losing side points out to the higher court what they feel the trial court did wrong. The higher court will either affirm the lower court’s decision or reverse it.

If the decision is reversed, it will go back down to the trial court for another decision or possibly another trial.

Your contingency fee agreement should spell out what happens if there’s an appeal. In some cases, even an experienced slip and fall attorney won’t want to represent you for the appeal. Not all injury lawyers are willing to commit the additional time and legal work needed to handle an appellate case.

Unless your contingency agreement clearly states the attorney will represent you in the event of an appeal, your relationship ends after the trial. Other times, your contingency fee will cover the appeal. Either way, this should be clearly spelled out in the agreement with your attorney before the representation begins.

Keep in mind that settlements cannot be appealed. Your slip and fall attorney can negotiate an “out of court” settlement with the at-fault property owner’s legal team at any time, even if the trial is underway.

You Pay More Than Just Lawyer Fees

Pile of paper invoices

Attorney fees are not the only amount that comes out of your final settlement check or jury award. More people and companies have an interest in your case than just you and your lawyer.

Here are a few examples of amounts you may have to pay in addition to your legal fees.

1. Litigation Costs

Court cases are expensive, and not just because attorneys are involved. Courts have filing fees. Lawyers have to conduct legal research and correspond on your behalf. You may also have expert witnesses who testify about your injuries at trial.

None of these things are included in an attorney fee. They are known as costs, and in most cases you pay them on top of legal fees.

What’s more, if you lose your case, you may have to pay the costs of the other side. In the event you lose at the trial or appeal level, the property owner’s lawyers might ask the court to order you to pay their costs. While courts have discretion about what to order in terms of costs, you should discuss this possibility with your lawyer ahead of time.

2. The Other Side’s Attorney Fees

In American courts, each side of an accident case is generally responsible for its own attorney fees whether it wins or loses a court case. There are exceptions, though. For example, if a judge believes that you or your lawyer were dishonest or otherwise acted in bad faith, they may order you to pay the attorney fees for the property owner.

Again, forcing an injured person to pay a property owner’s legal fees is a rare sanction. Still, it’s a possibility that you should discuss with your lawyer before the representation begins. Both you and your lawyer should be in complete agreement, preferably in writing, about how to handle this situation if it arises.

3. Liens

Another common amount paid on top of attorney fees is liens. Your health insurance company, for example, may have paid out significant amounts of money for your medical treatment. If you recover money from the property owner and/or their insurance company, your insurer will likely want to be repaid the money it paid for your medical bills.

Your attorney has an obligation to account for all medical liens against a potential settlement amount. ABA Model Rule 1.15, subsection (d), requires that a lawyer “promptly” deliver amounts lawfully claimed by a third party from received funds.

You should note that Rule 1.15 is not limited to just medical expenses. Settlement funds received could also be subject to liens from other judgments, child support, or spousal support. Again, your attorney is ethically obligated to consider these amounts. You, in turn, must be honest with your attorney before a situation arises.

Know Your Agreement

Attorney fee agreements are complicated. Take plenty of time to read the agreement, ask questions and get advice on anything that’s unclear to you. An experienced accident attorney should welcome these questions.

If you already signed an agreement and run into a problem you haven’t discussed, it’s too late to make changes.

If you or a loved one has suffered an injury from a slip and fall accident, get professional legal advice sooner rather than later. Contact a qualified personal injury attorney or law firm in your state for a free consultation and case evaluation.