The recent spate of advertisements and announcements in various advertisement media have been trying to educate the general populace that they have all the rights to recover compensation against any personal injury without incurring any initial cost. This has resulted in avalanche of injured people bearing down on personal injury lawyers to help them out. The unsuspecting lawyers are thus unable to proceed smoothly leading to delays in settlement of cases creating frustration amongst their clients.
With so many people filing for injury compensation, the personal injury attorneys have too many cases to file without any down payment. The personal injury attorneys are also finding it difficult to proceed properly due to paucity of fund. Initially some amount of money is required to develop the client’s case which is not there under this system.
The system under which the injured person can take the help of a personal accident lawyer without any payment is called a “contingent fee” arrangement. Under this arrangement technically an injured person does not owe the attorney any money till the award of the financial claim. Now it can be debated as to how without sufficient fund the accident lawyer is going to proceed in building up a foolproof case which will be a winner. Building up a proper case requires financial resources without which a case can become weak either before an insurance company or a jury.
Nowadays, personal injury cases need to be developed in its true sense and to achieve that the accident lawyer has to coordinate and put together expertise from several areas. This is like producing a TV commercial where you need experts from different fields like camera man, models, and technicians etc to give shape to the final product which should be accepted by the viewers. Here too, in order to coordinate the efforts of these experts to enhance the value of the case, again requires money. Further, employment of these experts will largely depend on the merits of a case, which can call for enhanced spending in order to pursue the case.
It can so happen that you might find your accident attorney not too willing to proceed with your case whatsoever. In such a situation he might try to put the out of pocket expenses upon you as the injured client. There could possibly two reasons for your accident attorney to behave in this manner.
- Your accident attorney is not so sure about winning your case, or
- He does not have the adequate financial muscles to develop the merit of your case.
If this is the case, then the situation is very unfortunate for those who are spending a lot of their time and energy in pursuing their case and trying to recover compensation which they rightfully deserve. However, too late into the case they suddenly discover that they are uncertain about getting their compensation.
Therefore, before you appoint an accident lawyer under the ‘contingent fee’ arrangement, you should ensure that he believes in the merit of your case and certain about winning and that he has the financial resources to develop the merit of your case in your favor.