Understanding the Burden of Proof in a Car Accident Claim

If you suffered injuries in a motor vehicle accident caused by another driver, you need an experienced car accident lawyer to fight with their insurance company to get you what your claim is worth in a settlement. However, you might worry that you cannot afford a lawyer’s fees, especially when you have expensive medical bills piling up and are off work with no income. Fortunately, most attorneys—including Kansas City Accident Injury Attorneys—handle these cases on a contingency fee basis.

What Is a Contingency Fee Agreement?

In a contingency fee arrangement, your attorney’s fees are paid upon the conclusion of the claim as a certain percentage of the award you are granted. This means that you do not have to pay any attorney fees at the beginning of your case. If your claim is denied and you do not receive any money from the negligent motorist or their insurance company, you would not owe attorney fees

Other Fees You Could Owe

There could also be expenses incurred in your case that you will have to pay whether or not you win your case. These costs can include fees for obtaining:

  • Medical records
  • Police reports
  • Expert witnesses
  • Court filing fee for your lawsuit and motions
  • Service of your lawsuit on the negligent driver
  • Court reporter
  • Deposition transcription

Some law firms require their clients to pay these fees as they are incurred, but we don’t. Instead, we will front all of your fees so that hiring us costs you no money up front.

At your initial consultation with your lawyer, they should explain how much they will charge for their attorney fees and the additional costs you could incur. Once you decide to hire them and they agree to take your case, you should sign a written retainer agreement that clearly states your obligations to pay your attorney.

How Are Your Attorney Fees and Litigation Costs Paid?

You will not have to write your attorney a check for the attorney fees and costs you owe them. When your case is settled or decided at a jury trial, the negligent driver’s insurance company will send your lawyer a check for what you are owed. Your attorney will deposit it in a client trust account. They will first pay any medical liens, their attorney fees, and the additional costs from your settlement proceeds before sending you your payment.

Have You Been Injured in a Kansas City Area Motor Vehicle Accident?

If you’ve been injured in a motor vehicle accident, you need to speak with an experienced motor vehicle accident lawyer as soon as possible. It will cost you nothing to hire us because we handle these cases on a contingency fee basis where you only pay us if we win your case. We will also front the costs and fees you could incur.  Contact us online or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.