In North Carolina, the average fee for an attorney in a car accident, truck accident, or other motor vehicle accident case is one-third of the total amount recovered. So, if your attorney negotiated a $100,000 settlement with the insurance company, you would receive roughly $66,600 in compensation.
IMPORTANT: Keep in mind that the amount you keep in your pocket after attorney fees are deducted will depend on your medical bills and potentially other expenses.
In “general PI” (general personal injury) cases such as slip and fall cases and dog bites, the average attorney fee ranges from 33 to 45 percent of the total recovery. Again, the specific contingency fee percentage will typically depend on the complexity of the case and the time and effort required of the attorney and his or her team.
Factors That May Affect a Lawyer’s Contingency Fee Percentage
- Case complexity – Cases involving intricate legal issues, multiple parties, or disputed liability may lead to a higher contingency fee, since the lawyer invests additional time and resources to navigate these complexities.
- Severity of injuries – Severe injuries, like bone fractures and traumatic brain injuries (TBIs), often require extensive investigation, medical documentation, and expert testimony, which may lead to a higher fee to build a compelling case.
- Settlement versus trial – If a case is more likely to proceed to trial, involving prolonged court proceedings and additional legal work, the lawyer may negotiate a higher percentage; cases with a higher likelihood of settling may warrant a lower fee, reflecting the efficiency of resolution without extended court involvement.
- Lawyer’s experience and reputation – Highly skilled and seasoned car accident lawyers often command a higher percentage due to their proficiency in navigating complex legal matters and maximizing compensation, and a strong track record of successful outcomes can justify a higher fee.
- Client’s financial resources – A lawyer, recognizing the importance of providing accessible legal representation, may accept a lower fee for clients facing financial constraints.
- Negotiation between client and lawyer – Open and transparent communication about expectations, case details, and potential outcomes can contribute to a fair and mutually agreed-upon contingency fee percentage.
In essence, the contingency fee percentage in a car accident case is an arrangement that depends on the unique circumstances of each case, the complexity involved, the severity of injuries, the potential for settlement or trial, the lawyer’s experience, and the client’s financial situation.
Understanding Contingency Fees in North Carolina
Under a contingency fee arrangement, legal fees are calculated as a fixed percentage of the total financial recovery obtained through an insurance settlement or court verdict.
In North Carolina, contingent fee agreements are legally regulated to protect clients and ensure complete transparency. Specifically, North Carolina Rule of Professional Conduct 1.5(c) governs these agreements and dictates how fees and expenses must be handled:
“A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted from the recovery; and whether such expenses are to be deducted before or after the contingent fee is calculated. The agreement must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.” — North Carolina Rule of Professional Conduct 1.5(c)
Under North Carolina Rule of Professional Conduct 1.5(c), you are guaranteed full clarity in writing regarding how fees and expenses will be calculated before work begins, as well as an itemized closing statement showing your final recovery remittance when your case wraps up.
Get Maximum Compensation for Your Injuries
A car accident lawyer in North Carolina can help you seek maximum compensation for your injuries. Call (855) 652-2049 and let’s review your claim. Riddle & Riddle’s attorneys have more than 171 years of combined legal experience and have recovered more than $600 million for our deserving clients since 2000 alone (see disclaimer below).
Riddle & Riddle found me all the available money from the insurance companies.
David H., Riddle & Riddle client
Justice Counts™ for those injured due to others’ negligence and we are ready to help however we can.
