In most injury cases, the lawyers at Ches Crosbie Barristers use contingency fee agreements. This is a type of fee agreement whereby the lawyer is paid a percentage-based fee when you, the client, collect money. If you don’t collect money, neither does the lawyer. Contingent fees provide access to justice regardless of financial position and they ensure that you don’t pay for unnecessary time.
In automobile cases, our contingent fee schedule means that the earlier your case is resolved, the lower our percentage fee is. This may enable you to accept a lesser sum from the insurance company but still come out ahead because of a lesser legal fee. We can offer a graduated fee schedule in car accident cases because we know that a significant number of these cases will settle without the need for discoveries under oath and other time-consuming procedures.
In other cases such as slip/trip and fall, we know that a lot of investigations, discoveries and other procedures are more likely. In these cases, the contingent fee is geared to the risk and effort we expect to incur, and the skill and knowledge we employ.
In all cases, win or lose, you are responsible for paying the disbursements or expenses of the case. Expenses include such things as expert witness fees, discovery fees, medical record copying, and the like. Expenses vary by case and before we get started, we will fully discuss expenses with you.
In order to increase the case value, we do have to invest money (“case disbursements”) in expenses such as expert reports. We are aware that few clients are able to afford these expenses and if by our criteria you have a good claim, we may pay necessary case expenses as the case develops. These expenses are generally paid by the other party at the time of settlement.
In almost all cases that are lost after trial or appeal, the “loser pays” rule applies, and you are responsible for paying the costs and expenses of the winning side. But remember, the great majority of our cases settle without trial. We do not go to trial and expose you to the risk of paying significant costs to the other side, in addition to case expenses you will owe to us, without fully discussing this with you. At each stage of the case, you are in charge.