Pay a Reasonable Fee.

The Fair Settlement/Fair Fee Mentality

At the Law Office of Ken Childs, you pay us nothing unless we can get you compensation for your personal injuries. This is called a contingency fee. There is no charge for an initial consultation to evaluate your case and you pay nothing until your case settles and the insurance company pays for your injuries. In most cases, your claim will not settle until you have either fully recovered from your injuries or you have reached your maximum medical improvement, which is the point at which your doctors determine your condition is not likely to improve anymore.
When your case settles and the insurance company pays, the settlement money is used to:

1. Pay for the medical costs and treatment for your injuries;

2. Pay for any out of pocket costs the law firm spent in pursuing your claim, such as court fees;

3. Pay your attorney a fee for the legal representation in pursuing and winning the claim; and

4. Pay you for your pain and suffering, lost wages, property damage, and possibly other damages.

When it comes time to settle your case, there is a lot of back and forth between your attorney and the insurance company in getting you a fair settlement. This is where the experience of the law firm comes into play in maximizing payment. With most law firms, the legal fee charged at the time of settlement is about 33% or 1/3 of the total payment from the insurance company. Although some cases indeed justify this high of a fee and sometimes even more, the Law Office of Ken Childs believes that something less than 33% is more reasonable for the majority of cases. There are huge advantages when your attorney is willing to take less than the common 33%; the first obviously being more money in your pocket at the end of the day.
Below is a list of several of the advantages when your attorney takes less than 33% at the end of your case:

1. More money in your pocket after everything else is paid so that you can have the money you deserve. After all, it was you that was injured and you’re the one that deserves to keep as much as you can for the pain and suffering you endured as well as the potential future pain and suffering you may yet endure.

2. Your case has the potential of settling more quickly so you can move on with your life. In the final negotiations with the insurance company, your attorney will likely approach you with several offers made by the insurance company. Your attorney will explain to you the amount that will be left in your pocket at the end of the day after all costs and fees are paid. If your attorney is not charging a reduced fee, you may not be able to get to a dollar amount that you feel comfortable in settling with. This can, in many instances, cause your claim to drag on longer than necessary. If, however, your attorney has a lower fee, you may be able to quickly get to a dollar amount with which you feel comfortable, thus settling the case so you can move on with your life.

3. Your Medical Provider (Doctor, Chiropractor, Orthopedist, Physical Therapist, etc.), will likely be happier and may reduce their fees. At the end of the day, your medical providers must be fairly compensated for their services as well. As described above, if the attorney takes a lesser fee, the case is likely to settle more quickly. This means that your medical provider will get paid more quickly, which is obviously in their best interest. Also, we’ve seen that when medical providers become aware of a personal injury attorney’s willingness to take a more reasonable fee, they are sometimes willing to reduce their own fees to get the case settled. The result of their reduction in fee means that there is more of the settlement left for you.

4. Health Insurance Providers may waive more of their right to be reimbursed. Generally, if you have your own health insurance at the time of your accident, it is your health insurance that pays for your medical treatment until your case is settled. At the end of your case, your health insurance company has a right to be reimbursed from the liable party for the medical expenses it covered during your treatment (known as right of subrogation). We have seen that when your health insurance company is aware that the personal injury attorney is taking less of a fee, they also are more likely to reduce the amount they are to be reimbursed. Again, this often results in your case settling more quickly and more money in your pocket.

As you can see, the overall result of a lesser fee than the standard 33% is essentially a better likelihood of your case settling more quickly as well as more money for you and your family. Again, it is you and your family that need the funds to help in getting your life back to normal as much as possible, and as soon as possible.

If you have questions about our contingency fee please contact us or call us 24/7 at 801-999-0785.