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Personal Injury Attorney Fees and Case Expenses

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You should understand both what a lawyer charges and what may come out of a recovery before agreeing to representation. We explain our personal injury fee agreement in writing and answer questions before you sign. Your signed agreement governs your matter.

Attorney fees depend on the stage of the case

When recovery occursAttorney fee under our PI agreement
Settlement before a lawsuit is filed35% of gross recovery
Settlement or recovery after litigation begins45% of gross recovery

Gross recovery means the total amount obtained before costs, liens, or expenses are deducted. The percentage applies to that gross amount. The change in percentage is tied to the case stage described in the agreement, rather than simply whether a case eventually goes to trial.

Our agreement covers investigation, negotiation, and litigation when necessary for the personal injury matter. Appeals, retrials, and unrelated matters require a separate written agreement. Ask us to explain the scope for your circumstances.

Case expenses are separate from attorney fees

Our agreement states that Phoenix advances litigation costs. Examples include filing and service fees, medical records, expert witnesses, depositions, and investigation expenses. Those costs are reimbursed to the firm from any recovery, in addition to the agreed attorney fee.

A free consultation does not by itself explain a case’s expense arrangements. Before hiring us, review the written provisions on fees and expenses and ask how likely costs will be discussed as your claim develops.

What happens if there is no recovery?

Under our personal injury agreement, if no financial recovery is obtained, you owe no attorney fees or the litigation fees and expenses described above. That provision concerns amounts owed to the firm for representation and case expenses. It does not promise that a medical provider, health plan, or other third party will cancel a separate obligation.

Tell us about medical bills, benefits, insurance notices, and any lien correspondence. We can explain which obligations need further review and what our agreement covers.

Medical balances and liens can affect net proceeds

The amount of a settlement is not necessarily the amount paid to you. Attorney fees, reimbursed costs, and applicable medical balances or liens can affect the final distribution. Our agreement permits us to negotiate and resolve medical or insurance liens, including Medicare or Medicaid issues, on a client’s behalf.

If a third-party lien-resolution service is used, its fee may be deducted from the client’s portion of the recovery under the agreement. Whether a claimed lien is valid, what must be paid, and whether a reduction is possible depend on the facts and applicable rules. No reduction is guaranteed.

How we explain a distribution

Recovery funds are placed in the firm’s trust account. Our agreement provides that liens and costs are addressed, agreed attorney fees are deducted, and the client reviews and signs a written disbursement summary before funds are distributed.

Ask to see the gross recovery, fee calculation, itemized reimbursed expenses, relevant third-party payments, and proposed net amount. The timing of distribution can depend on cleared funds, lien issues, required approvals, and other case-specific obligations.

Illustration only: A hypothetical $100,000 pre-lawsuit recovery would produce a $35,000 attorney fee under the 35% provision. The remaining $65,000 would still be subject to reimbursable case costs and applicable liens or other obligations. This arithmetic is not a case-value estimate or promised net payment.

Questions to ask before signing

  • Which stage and fee provision apply to my matter?
  • What work is included, and what would require a separate agreement?
  • Which expenses are expected, and how will they be explained?
  • What separate medical or benefit obligations need review?
  • How will I review a proposed settlement and the final disbursement statement?

Questions you may be asking

Does a free consultation mean representation has begun?

No. We must agree to represent you. An initial call or website inquiry does not create an attorney-client relationship.

Is the fee calculated after medical bills and expenses are deducted?

The stated percentages in our PI agreement apply to gross recovery, before those deductions.

Does going to court automatically produce a better recovery?

No. Litigation has risks and additional work and expense. We explain the evidence, options, and fee provision before you make decisions with us.

Can I rely on this page instead of reading my agreement?

Read the agreement you are asked to sign. This page explains the provided PI terms; your signed agreement and any written amendments govern your representation.

For the stages that lead to these decisions, read what happens during a Virginia personal injury claim. You can also explore our car accident representation and personal injury overview.

Ask us about your fee agreement

Call 757-777-9285 for a free personal injury consultation. Tell us where and when the collision happened, the care you have received, and the questions you need answered.

Request a free personal injury consultation

This information is general and does not provide advice about your particular matter. An inquiry does not create an attorney-client relationship; representation requires our agreement. Please do not send confidential or time-sensitive material until we confirm how to provide it.

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