How Much Does an Injury Lawyer Cost in Chattanooga?
Nothing upfront, a percentage if you recover, and a separate category called case expenses that most people do not find out about until the settlement statement. This page is all three.
Personal injury representation in Chattanooga is normally taken on contingency, meaning no fee is paid up front and no fee is owed at all if the case recovers nothing.
Contingency percentages in Tennessee commonly run around one third of the recovery if the case settles before suit is filed, and around 40 percent if a lawsuit is filed.
Case expenses such as filing fees, records and expert witnesses are handled separately from the fee, and how they are deducted should be set out in writing before you sign.
Fees and case expenses, separated
| Item | Typical | Fee or expense? |
|---|---|---|
| Case review | $0 | neither |
| Settled before suit | 33-33.3% | fee |
| Filed and litigated | 40% | fee |
| Workers' comp award | 20% statutory cap | fee |
| Filing fees | $200-450 | expense |
| Records and billing | $50-600 | expense |
| Experts, if needed | $1,500-12,000 | expense |
Before you sign, get these in writing
Included
- The fee percentage, and the exact event that steps it up
- Who pays case expenses if the claim does not recover
- Whether liens and subrogation come out before or after the fee is calculated
- Who at the firm will handle the file day to day
Not included
- Any predicted settlement figure - that is not something to rely on in writing or otherwise
- Verbal assurances about timing; injury claims routinely run 6-18 months
- Property damage on your vehicle, usually handled separately
- Your medical bills, which remain yours regardless of the claim
The line item people miss
Almost everyone asks about the percentage and almost nobody asks about case expenses. On a claim that settles quickly the expenses are a few hundred dollars. On a disputed claim with an expert report they can reach five figures, and whether you owe them if the case fails is decided entirely by one sentence in the agreement you signed. Ask which sentence it is.
Fee and expenses are two different things
This is the part that surprises people at the end. The fee is the percentage. Expenses are what it cost to run the case - medical records, filing fees, deposition transcripts, accident reconstruction, expert witnesses. They come out of the recovery too.
What matters is the order of operations, and it is worth asking plainly: are expenses deducted before the fee is calculated, or after? On the same settlement the two methods produce different amounts in your pocket. Any firm should answer that question directly and show you where it is written in the agreement.
Questions worth asking before signing
- Is the percentage different if the case settles before suit versus after filing?
- Are case expenses deducted before or after the fee is calculated?
- If we recover nothing, do I owe expenses?
- Who actually handles my file day to day, and how do I reach them?
- Will medical liens be negotiated down before disbursement, and by whom?
About medical liens
If treatment was paid by health insurance or provided on a lien, some of the recovery may have to go back to those providers. Whether those amounts get negotiated down before disbursement makes a real difference to the final number, and it is a legitimate thing to ask about early rather than discovering at the end.
Common questions
Is the percentage negotiable?
Sometimes, particularly where liability is clear and the damages are large. It is a reasonable question to ask, and the answer will not offend anyone who does this for a living.
What if I want to change firms partway through?
You can, but the first firm may assert a claim for its work and expenses against any eventual recovery. Ask how that is handled before signing, not after.
Do I owe anything if we lose?
Under a true contingency agreement there is no fee. Whether you are responsible for expenses on a loss varies between firms, which is exactly why that question belongs on the list above.