– from Christine I. in New Berlin, WI

Question Details:

I live in Milwaukee, WI near Discovery World and would like to know what I can expect to be taken out of my personal injury settlement in lawyer fees if I win my case. 

Personal Injury Lawyer Response:

Most personal injury lawyers charge 33.3% for personal injury claims.

However the average medical malpractice lawyer will charge 40% for medical malpractice claims.

When you find discount lawyers charging less you will find escalator clauses, which look like the following: 25% if the case settles on demand, 30% if there is a suit filed, 40% if the case is tried, and 45% if the case goes to an appeal.

Unfortunately these clauses can create conflicts and ethical questions for lawyers. For example, if the percentage goes up upon filing suit, the client is at a major disincentive. The lawyer is disincentivized to settle the case, as he or she may be able to get more compensation if the case is pushed to trial.

Depending on the circumstances of the case an attorneys may reduce their fee if the result is unfair to the client. This is an issue that is usually worked out between client and lawyer during the process of a settlement.

Shopping for the best price is not always the best strategy as most attorneys charge the same rate. The greatest consideration should be put on the experience and expertise of an attorney. This can make the biggest difference as the experienced attorney will know how to approach different problems with unique solutions that work.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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