Car accident victims often wonder about car accident attorney fees. You need to know what to expect regarding how attorney fees work in personal injury claims.
Our experienced Greenville car accident lawyer at Bobby Jones Law explains.
How Do Auto Accident Lawyers Charge for Their Services in South Carolina?
Most auto accident lawyers in South Carolina charge contingency fees for their services. That means that the attorney’s fee is contingent on the outcome of the case. The plaintiff pays their attorney a percentage of the recovery.
Example of How a Contingency Fee Works in Greenville Car Accident Cases
A plaintiff recovers $100,000 for their car accident case. The attorney fee agreement is 33%. Court costs are $2,000. The attorney also spent $5,000 out of pocket building the case.
The contingency fee would be calculated as follows:
$100,000 X 33% = $33,000
Court costs = $2,000
Case preparation costs = $5,000
________________________
Compensation amount: $100,000
Total deducted from award = $40,000
Total payable to the plaintiff = $60,000
While it might seem like a lot, it’s still more than the plaintiff would have received without a lawyer. Maybe the initial offer from the insurance company, before hiring a lawyer, was only $15,000. Receiving $60,000 is a much better result.
This is just one example. Each case is calculated individually, based on the fee agreement and the actual costs incurred.
Note: It’s common for attorneys to use different amounts based on whether the case goes to trial. They may increase their contingency fee percentage if the case goes to trial. This reflects the additional time needed to prepare for trial. Read your agreement to see if this applies to your case.
How Much Is a Typical Contingency Fee for a Car Accident Lawyer in SC?
Typical contingency fees for car accident lawyers in SC range from 33% to 40%. Fees must be reasonable based on the time spent and complexity of the case. There is no fixed amount or cap in South Carolina.
What Expenses Are Deducted from Your Car Accident Settlement Beyond Attorney Fees?
The costs of building the case and the fees paid to pursue it are usually deducted from your car accident settlement. For example, if you hire an expert witness, their costs are usually deducted.
There is variation among law firms about deductions. Some law firms charge individually for things like preparing exhibits, making copies, and travel expenses. Whether these costs are included in the law firm’s overhead or deducted individually may influence the final fee. Check your contingency fee agreement, because there’s no standard method.
Are There Any Upfront Costs When Hiring a Greenville Car Accident Attorney?
Each Greenville car accident attorney creates their own fee agreements. Agreements must comply with ethical rules, but attorneys can draft their own agreements.
It’s common for attorneys to advance litigation costs. That means the lawyer pays the initial court filing fee, service fees, and other litigation costs. It’s up to the attorney whether they want to do this, but it can start the plaintiff’s case without the plaintiff having to pay anything up front. These costs are deducted from your final award.
How Are Attorney Fees Calculated on Large Car Accident Settlements in SC?
Court costs may be deducted before or after attorney fees are calculated. Calculating attorney fees before costs results in higher attorney fees. Calculating attorney fees first is common.
Will the Court Order the Defendant To Pay Your Auto Accident Lawyer Fees in Greenville, SC?
No. South Carolina courts follow the rule that each party pays their own lawyer fees. Even if your case is successful, the court won’t award attorney’s fees.
What if I’m awarded punitive damages? Do I get attorney fees awarded then?
No. Not in South Carolina.
Are there any circumstances in which a defendant pays the plaintiff’s car accident lawyer’s fees in SC?
The court may order the defendant to pay attorney fees for:
Discovery violations. The defendant doesn’t comply with discovery, and the plaintiff must ask the court for help.
Contempt. The defendant doesn’t follow a court order, and the plaintiff must enforce it.
Bad faith litigation. If the defendant asserts frivolous defenses or takes actions that make the litigation longer or harder.
At Bobby Jones Law, we know when attorney fees are payable. We ask the court to include them if appropriate.
Do You Owe Auto Accident Lawyer Fees if You Lose Your Case in SC?
No. You don’t owe auto accident lawyer fees if you lose your case in SC. The defendant must pay for their own legal fees, even if they win the case.
The court may order you to pay the defendant’s court costs. Usually, this is much less than an attorney’s fees. As you prepare a legal strategy, you should evaluate the strength of the case.
What Is the Difference Between Attorney Fees and Case Costs in a Car Accident Claim?
In Greenville claims, the court can’t order the defendant to pay attorney fees. But if the plaintiff wins, the court will order the defendant to pay court costs.
Court costs are costs incurred specifically in the court process.
Costs in Greenville Car Accident Claims
Costs that may be paid by the defendant in a Greenville, SC car accident claim are:
Filing fees. The fee to start a personal injury claim in Greenville, SC Circuit Court is $150.
Service of process. Serving the lawsuit and witness subpoenas.
Production of materials. Costs to produce documents and materials used at trial.
Witness fees. Witness fees and mileage.
Copies. Costs for one copy of a document used in evidence instead of the original. Fees for certifying non-existence of documents or document translation.
Sanctions. Sanctions ordered against the defendant.
Why Hiring a Greenville Car Accident Lawyer on Contingency Costs You Nothing to Get Started
At Bobby Jones Law, we know a car accident is not something you prepare for. We know that it’s important to start cases with nothing down. That’s why we offer contingency fees. We can start your case right away without you paying anything up front. We structure our auto accident lawyer fees so that everyone can have an attorney.
If you or a loved one has been hurt in a car accident, call or message us now.
