Fair Fee Injury Lawyers
Our firm works with its clients to tailor a fee agreement to their particular circumstances, including “pay when you win” agreements. In appropriate cases, we offer hourly rate/monthly billing, contingency fee and deferred fee agreements. Our firm also provides pro bono legal assistance in appropriate cases.
Initial consultations are free.
Potential clients often ask us what the “usual” percentage legal fee is for personal injury cases and lawsuits involving slip and falls, long term disability denials or car accidents in Whitby, Oshawa and Ajax Ontario. There is no “set” legal fee or “usual” legal fee – it’s all subject to agreement. We will typically tailor our agreement to the client’s specific circumstances – many of the lawyers at our firm will tell you that no two retainer agreements are ever the same.
Some of the factors that are often considered in reaching a fee agreement are: (1) the time expended on your case, (2) the complexity of the matters in issue, (3) the degree of responsibility assumed by the lawyer, and (4) the monetary value of the matters in issue. The fee is often based on the damages awarded in a judgement, or negotiated resolution/settlement.
We are happy to discuss all of this in relation to a specific case scenario. We strive to reach fee agreements that are fair to you.
There are a number of other considerations that we will often look at closely when reviewing a retainer agreement. One is whether the law firm is going to charge you any percentage of ongoing accident benefits being received by you from the insurer (ie: income replacement or attendant care etc). We do not charge for those amounts. We will still assist with the forms and benefit applications as a client service. If there is a dispute/lawsuit, then we will assist you on a similar percentage based model.
In Long-Term Disability Denial cases, I try to reach an agreement that makes sense for my client as well as my firm. I have, in some past cases, waived my fees where a client’s long-term disability denial has been reversed after the insurer reviews their file upon receiving an initial letter from my office notifying them of a claim.
I also will never pressure you to take a “cash out” in long term disability claims. It is a reality in these types of claims that a lawyer will often receive more money for his fee if he negotiates a “cash out” instead of reinstatement (if the fee is calculated on a percentage of the recovery). Sometimes the Long Term Disability carrier is only willing to cash out and will not reinstate short of being ordered to do so by a court. When providing my client’s with their options, I will always include the fee scenarios as well, so that they have a full understanding and I will do my absolute best to provide general and long-term thoughts as well. I have dissuaded clients from accepting a cash-out in the past, where I felt that it was in their best interests.
You want to trust your lawyer and, above all else, you want to find a lawyer that you are comfortable with. Not every lawyer is right for every client, and not every client is right for every lawyer. I don’t pressure clients to hire me, because I only want clients who are comfortable with their lawyer. Despite the era of billboard, radio and tv ad lawyers, I still believe that, as lawyers, we have a basic set of values and professionalism to adhere to that goes beyond business.
Our law firm, Lerners LLP, has been around since 1929, has over 100 lawyers, the capital to invest in cases and a long and solid reputation. Lerners LLP has been noted to be Canada’s largest group of personal injury lawyers. We offer in home and hospital consultations across the Province.
The amount of the fee is usually agreed to at the beginning of the case, in the retainer agreement with your lawyer. In certain cases, the amount of the fee can be reviewed and over-turned later. If you are concerned about the fee that you are paying, it is better to look into this sooner than later. This is especially true if you want to switch lawyers, since the old lawyer will want to be paid for some portion of the time that they have spent and it is better to do this earlier.
Consultations are free, and we are positioned to fund all up-front costs.
If you want to do your research and really consider what legal fee is fair you are free to contact us at www.law123.ca in Oshawa/Whitby/Ajax/Durham at 905-409-2438. Feel free to call and ask “what legal fee is fair?”
We look forward to your call at 905-409-2438.
Steven Polak is a personal injury lawyer in Toronto and Whitby, Ajax-Pickering Ontario representing victims of injury and death in car accidents, slip and falls, other mishaps, as well as long term disability denials.