How personal injury lawyers in Indiana charge

Personal Injury Attorney Fort Wayne is a free attorney referral service, not a law firm. It does not set or negotiate any lawyer’s fees, and it never takes a share of them. Fees are always between you and the lawyer you hire.

What a contingency fee is

Under a contingency fee, the lawyer’s fee depends on the outcome: it is a share of whatever is recovered, if anything. What you owe if nothing is recovered, including any expenses, depends on the written agreement. That is why its details matter so much.

The percentage is set by each lawyer and can differ from firm to firm, and sometimes by stage, for example one figure if the claim resolves before a lawsuit and another if it goes to trial or appeal. This site does not quote typical percentages, because they vary and depend on the agreement.

What Indiana requires in writing

Indiana’s Rule of Professional Conduct 1.5 sets out what a contingency fee agreement must include. In general terms:

• It must be in writing and signed by the client. A handshake is not enough.
• It must state how the fee is figured, including the percentage or percentages that go to the lawyer if the matter is resolved before trial, at trial or on appeal.
• It must name the litigation and other expenses that will be deducted from any recovery.
• It must say whether expenses come out before or after the fee is calculated. This one detail can change what you take home.
• It must clearly tell you about expenses you owe whether or not you recover anything.

When the matter ends, the lawyer must give you a written statement of the outcome and, if there is a recovery, show what you receive and how it was figured.

Why before or after matters

Imagine an agreement where the fee is a percentage and case expenses are also paid out of the recovery. If the expenses come out first and the percentage is applied to what is left, the fee is figured on a smaller number. If the percentage is applied to the full amount and then expenses come out, the fee is figured on a larger one. Neither is wrong; it just has to be written down so you know which applies. Ask the lawyer to walk you through an example with simple round numbers before you sign.

Expenses are not the same as fees

Expenses are the costs of pursuing a claim, separate from the lawyer’s own fee. Common examples include court filing fees, the cost of getting medical records, and fees for people who review the evidence or testify. Ask:

• Which expenses do you expect in a claim like mine?
• Will you pay them as they come up and take them from any recovery?
• Do I owe any expenses if there is no recovery?
• Will you ask me before spending on anything large?

Workers’ comp fees work differently

If you were hurt at work, your claim with the Worker’s Compensation Board follows its own fee rules. In Indiana, attorney fees in workers’ compensation cases are set by law and approved by the Board. The Fort Wayne workers’ comp guide lays out the schedule.

Other ways lawyers charge

Some legal work is billed by the hour, and some for a flat amount, such as a single letter or a short review. For injury claims, contingency fees are common, but you can always ask whether a lawyer offers other arrangements and how they compare. Whatever the arrangement, get it in writing.

Questions to ask about cost

1. What is your percentage, and does it change by stage?
2. Are expenses taken out before or after your fee?
3. Which expenses could I owe even if nothing is recovered?
4. Will I get a copy of the signed agreement?
5. How will you show me the math at the end?

More questions, beyond cost, are in questions to ask a personal injury lawyer. If you want to compare firms, the A to Z directory of Fort Wayne injury law firms lists each firm’s own phone and website so you can ask several the same questions.

Every situation is different. A licensed Indiana attorney can explain the fee arrangement on offer for yours.

Questions people ask