Personal Injury Demand for Attorney’s Fees

After a personal injury client discharges from treatment, our office begins collecting all the remaining medical bills and records.  We then prepare a demand letter that details the client’s treatment and identifies all of the medical bills.  Next, we upload the demand letter to the client’s case in MyCase for their review and confirmation.

Recently, a client asked an interesting question regarding their demand: “I see no provision for attorney’s fees. Please provide a revised demand letter reflecting Ross’ legal fees.

Auto Accident Attorney’s Fees are Contingent

In a personal injury case, a lawyer’s fees are contingent on there being a settlement.  Typically, a lawyer’s fees are 33.33% of the settlement or 40% after a lawsuit has been filed.

So, when preparing your demand for settlement, the lawyer’s fees are not included.

For example, if your auto injury case settled for $15,000.00, then the lawyer’s fees would be $5,000.00.  The attorney’s fees would come out of the settlement check leaving you with $10,000.00.  If you don’t have any outstanding medical bills, then you would pocket $10,000.00.  However, most clients have outstanding medical bills or liens that need to be paid back.  So, if your outstanding medical bills were $2,500.00, then you would end up walking with $7,500.00.

The lawyer’s fees go up as the settlement gets higher, but remember, the fees come out of the settlement check and not your pocket.

For this client, we sent them a message back in MyCase explaining we don’t include the attorney’s fees in their demand because they are contingent on the settlement.

Schedule a free personal injury consultation today

Looking for a reliable and experienced Maryland personal injury lawyer? Albers & Associates are proud to provide exceptional legal help to those in need throughout the state. We take a personal interest in each of our clients, provide expert legal advice, and will advocate for you every step of the way. Contact us today to schedule a free consultation.