The argument between lawyers and adjusters in regards to the need of legal assistance will likely continue for a long time. Meanwhile, lots of people will handle their particular claims and many others should go to lawyers.

Not all claimants need lawyers. If the plumbing in your house needs fixing, why would you hire a plumber if you can repair it yourself? However, if you can't fix your leaking faucet or jammed-up sink, then, of course, call a plumber.

Exactly the same idea applies to your accident claim. When the case is simple and you're simply confident that you can handle it yourself, then go it alone.

You consult a lawyer the same as you would a doctor-you click on the lawyer's office for advice. Consulting legal counsel does not obligate you to hire him to take care of your case.

Whenever you consult a lawyer, you should expect to pay him a fee for his some time and advice.
The lawyer's consultation fee may be $5, $10, or $25. This will depend around the amount of the lawyer's time you are taking, his standing and experience and the size of the community in which he practices. Ask, before you begin your session, just how much his "consultation fee" will be.

Before you go to see the lawyer, have your facts and questions arranged in your thoughts or written out.

There are numerous methods of paying the lawyer if you opt to retain him. Possibly the two most widely used methods are: the contingent fee basis and the fiat fee basis.

You have to be familiar with at least those two methods before you consult the lawyer.

Contingent fee. When the lawyer says he would be willing to handle the case on a 33% or a Half contingent fee basis, exactly what does he mean? A contingent fee is really a fee to be paid the lawyer only if he wins the case. The payment with the fee is conditioned on success. If the case fails, you have to pay nothing, except disbursements.

Contingent fees often are condemned through the public. A famous New York lawyer, Mr. Henry W. Taft, expressed criticism of contingent fees the following and are known by the attorneys to be, without merit and therefore are brought merely to force settlements. Far less than 1 / 2 of such suits come to trial but are settled for their nuisance value.

Inspite of the criticism of contingent fees, they're approved by law in virtually all states and by the Canons of Professional Ethics in the following language:

An agreement for a contingent fee, where sanctioned legally, should be reasonable under all circumstances of the case, including the risk and uncertainty from the compensation, but should always be subject to the supervision of your court, as to its reasonableness.

A lot of people do not understand the basic reason behind contingent fee contracts.

"Contingent fees" originally were designed to help those who had no funds with which to hire a lawyer. Many people think that a contingent fee arrangement may be the only plan this agreement lawyers will handle accident cases.

A contingent fee has merit. Clients want it because they don't have to pay in the event the case is lost. Lawyers like it because generally their fees are larger.

Example of contingent fee arrangement

Ingalls includes a case of questionable liability. He's serious injuries and visits an attorney. The lawyer advises Ingalls which he will handle the truth. He will investigate the reality, try to negotiate a settlement and if necessary take the case to court.

Ingalls then really wants to know what the lawyer's charges will probably be. Suppose they lose the case?
The lawyer explains which he will work on a 33 /2 % contingent fee basis. He will charge 33% per cent of the recovery made. If no recovery is manufactured, he won't collect anything.

The lawyer says: "I realize we may lose the case and I will receive nothing for my efforts. On the other hand, we have a fighting chance. I am willing to gamble time on your case."

After months of skirmishing and pre-trial hearings, the truth is finally settled. Ingalls pays the lawyer 33 per cent.