Attorney’s fees in a personal injury claim are typically paid on a contingency basis. In other words, if the plaintiff wins, the attorneys will take a percentage of the settlement. If the plaintiff loses, the attorney gets nothing. If you have an injury claim in Nevada, you may be wondering, what percentage of your settlement your lawyer will take. If so, this article is for you.
So, how much of a settlement does a lawyer take?
Table of contents
- How Do Lawyers Get Paid from a Settlement?
- Is There A Standard Lawyer Percentage Fee?
- What Is the Average Percentage for Attorney Fees in Las Vegas?
- What Percentage Do Lawyers Take in Other Areas?
- How Much Do Personal Injury Lawyers Make Per Case in Las Vegas?
- Nevada Personal Injury Claims and Contingency Fees
Your attorney will take around 33.33% to 40% of your financial award, plus court costs. However, in some cases, the court may order that the defendant pay some, or all, of the plaintiff’s attorney fees.
In this article, our Las Vegas car accident lawyer discusses how attorney’s fees work in Nevada accident cases:
Contingency Fee Agreements in Nevada Personal Injury Cases
Almost every lawyer is paid on a contingency fee basis. This typically means that, unless your attorney recovers financial compensation for you, you are not required to pay them. Conversely, if they do win a settlement, you will pay them a percentage of the settlement that is awarded.
The typical contingency fee in Nevada personal injury cases ranges between 33.33% to 40% of the plaintiff’s settlement plus case costs. That means that if you are awarded $100,000 in damages, the attorney would get between $33,330 and $40,000 (33.33%-40% of $100,000).
Although it is not required that lawyers work for their clients on a contingency fee basis, it has become the industry standard as it is typically in the client’s best interest. Here is why:
Contingency fee agreements allow those who have become injured and would otherwise not be able to afford an attorney, to hire an attorney, risk-free: If the attorney loses the case, the victim pays no money (in most cases).
Conversely, contingency fee agreements give attorneys more incentive to work harder–and smarter. They’ll likely want to keep case costs as low as possible and fight for you as hard as possible as their bottom line depends on it.
What is the average percentage for attorney fees in Las Vegas?
The average percentage for attorney’s contingency fees for personal injury cases in the state of Nevada ranges between 33.33% to 40% of the plaintiff’s settlement, in additional to being responsible for relocated case costs.
Nevada law requires that all contingency agreements be made in writing. A verbal agreement will not suffice.
In addition, contingency agreements should, at a minimum, include the following provisions:
- How the fee is calculated, including the percentages owed to the attorney in the event of settlement, trial, or appeal; and
- If litigation fees are deducted from the settlement amount; and
whether the client is liable for the expenses regardless of the case outcome;
Once the case is either settled or dismissed, the attorney must provide the client with an outline of the case as well as a settlement statement along with an outline of fees due to the attorney. This fee will typically include a contingency fee alongside any costs incurred.
Additional fees that can be calculated into your settlement award
Court costs encompass all of the expenses the attorney incurred in preparing the case. Typical examples include:
- Court reporters’ fees for depositions, including a reporter’s fee for a certified copy of each deposition;
jurors’ fees, witness fees, pretrial hearing fees, and expenses (assuming the case escalates to trial); - Interpreters’ fees (for deposition or trial);
- Process server fees;
- Reasonable costs for printed copies, digital copies, postage, and travel and lodging in relation to deposition costs;
- Court fees for filings;
- Any other reasonable and required expense incurred in relation to the lawsuit.
In most contingency fee arrangements, the attorney will agree to absorb all costs related to the case in the event they do not win. This provides injury victims even more incentive to retain an attorney.
However, if the attorney wins the case, most contingency fee agreements have a provision that requires reimbursement for the attorney’s out-of-pocket expenses out of the plaintiff’s settlement.
Calculating your final settlement amount
One of the most common questions we hear is, “will medical bills come out of my settlement?”
Typically that answer varies on a case by case basis, and this is obviously something you’ll want to discuss with your chosen personal injury lawyer prior to employing their services.
Example: If your attorney recovers a $100,000 settlement on your behalf, and your medical bills were reduced to $20,000, they may receive $33,330 (33.33%) while you would walk away with $46,670.
What percentage do lawyers get in other areas?
As with many things around the country, attorney fees percentages can differ greatly from one state to the next. Nationwide, the average percentage lawyers take from a settlement can range from 25% to 75%.
Depending on a number of factors, these percentages change when comparing a car accident settlement, to a disability claim, or a medical malpractice case for example.
The amounts vary greatly, and as such it’s important to differentiate contributing factors when trying to calculate how much do lawyers take from settlement compensation.
Other factors contributing to attorney fee percentage are:
- The level experience your attorney has
- The laws of the state you live in. For example, in 2022, the State of California failed to pass a ballot measure that would have capped contingency fees at 20 percent. The larger corporations attempted to pass this through in an attempt to keep injury victims from pursuing compensation against them.
- Whether or not your case goes to trial
- How complex your case is
How much do personal injury lawyers make per case in Las Vegas?
33.33% – 40% range is typical for Las Vegas personal injury lawyers.
The following are additional common costs associated with Las Vegas claims:
- Police reports
- Court filing fees
- Legal filing & deposition fees
- Mail & postage fees
- Private Investigator fees
- Fees for expert witnesses
- Fees for medical records
- Trial exhibits
It’s important to remember that there are certain situations that will lead to the plaintiff paying higher lawyer settlement fees.
For example, if your lawyer covered court costs and expenses needed to pursue your settlement claim, the final percentage they take may exceed the 33.33% – 40% that Las Vegas personal injury lawyers take.
Furthermore, you will incur more costs if a settlement was reached after taking your case to trial. This is because the longer it takes to settle your claim means the more legal expenses you will be accruing before being awarded a settlement to take care of the associated costs.
Alternatively, in some cases, the court may order that the defendant pay some or all of the plaintiff’s attorney fees.
This is why it’s so important to speak with an experienced & compassionate Las Vegas personal injury attorney.
If you or a loved one have been injured due to someone else’s negligence, contact us today to book a free case review.
Nevada personal injury claims and contingency fees
In this article, our Las Vegas personal injury lawyer discusses how attorney’s fees work in Nevada accident cases:
Most personal injury attorneys get paid on contingency. What that means is, if they attorney doesn’t win, they do not get paid. As mentioned above, the typical fee for a Nevada personal injury law firm ranges from 33.33% to 40% of the total financial award, plus any case costs.
For example, if your personal injury award is $100,000, you can expect your attorney to take around $33,333 to $40,000 of the total award in addition to any case costs. Typical case costs include court filing fees, process server fees, and any deposition and/or alternative dispute resolution costs which may include arbitration and/or mediation.
How a contingency-fee agreement benefits the plaintiff
Although it is not required that personal injury lawyers work on contingency, it is a common practice for this area of practice as it will usually provide the most mutually-beneficial outcome for both the attorney and client.
Contingency fee agreements afford injury victims who would otherwise not be able to afford legal representation the peace of mind knowing there is no up-front cost for hiring a lawyer. Further, if the attorney loses the case, they are not liable for any attorney’s fees.
Conversely, this type of arrangement entices lawyers to work vigorously to ensure they collect maximum compensation. Their bottom-line depends on it!
How Brian Boyer’s Injury Firm can help
If you or a loved one have experienced injury due to the negligence of another person or entity, please do not hesitate to contact Las Vegas Personal Injury Lawyer, Brian Boyer’s Injury Firm for a free, no-obligation case review. If he cannot help you, he will point you in the best direction for your specific needs! Call him today at 702-514-1414.
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“I was in an auto accident about a year ago in which I became injured and my car was totalled. I decided to have Brian Boyer represent me & couldn’t of been happier with how he and his staff took care of my case! He even gave me his own phone number and told me I could call with any questions whenever i needed. He didn’t pass me off to some associate attorney. Everything was handled professionally, quickly, and friendly. Ken was also great and made sure I understood everything along the way. Highly recommend Brian Boyer if you need an aggressive Las Vegas car accident attorney! My settlement was more than. I could have asked for. I am truly grateful for his assistance.” – Depo Firm
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