When it comes to hiring a personal injury lawyer in Connecticut, one of the first questions a client often asks is about the attorney’s fee structure. Many personal injury attorneys in Connecticut operate on a contingency fee basis, meaning that they do not charge any upfront fees and instead take a percentage of the settlement or jury verdict the client receives at the end of the case. However, there are some limitations on contingency fees in Connecticut, and clients may wonder if there are any exceptions to these rules. In this article, we will explore the contingency fee limits in Connecticut personal injury cases and whether there are any exceptions that may allow for higher fees.
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Connecticut’s Contingency Fee Limits
In Connecticut, Rule 1.5 of the Rules of Professional Conduct governs attorney fees. Specifically, subsection (c) of that rule sets limits on the percentage of a settlement or jury verdict an attorney can collect as a contingency fee. According to the rule, an attorney may not collect more than:
- 33 1/3% of the first $300,000
- 25% of the next $300,000
- 20% of the next $300,000
- 15% of any amount that exceeds $900,000
These limits apply to all personal injury cases, as well as other types of cases such as medical malpractice and product liability claims.
It’s worth noting that these limits apply only to contingency fees. Attorneys may still charge hourly rates or flat fees for their services in personal injury cases, though this is less common.
Exceptions to the Contingency Fee Limit
Given the strict limits on contingency fees in Connecticut personal injury cases, clients may wonder if there are any exceptions to these rules that would allow for higher fees. In general, there are no exceptions to the fee limits themselves; attorneys must abide by these rules unless the client agrees in writing to a higher fee.
However, there are some situations in which an attorney may be able to request a higher fee with the client’s consent. For example:
- The case is particularly complex or requires an unusual amount of work on the attorney’s part. In this case, the attorney may be able to negotiate a higher contingency fee with the client based on the additional time and effort expended.
- The case involves significant risk for the attorney. If the case is more likely to end in a dismissal or unfavorable verdict, the attorney may take on more risk and may therefore request a higher contingency fee if the client agrees.
- The client requests a higher fee in order to prioritize their case. In some cases, a client may be willing to pay a higher percentage of their eventual settlement or verdict in order to ensure that their case receives more attention and resources from the attorney.
It’s important to note that any agreement for a higher contingency fee must be made in writing and signed by the client. Additionally, the attorney must provide a written explanation of why the higher fee is necessary or justified.
Other Considerations
While there may be some exceptions to the contingency fee limits in Connecticut personal injury cases, it’s important to keep in mind that legal fees are just one factor to consider when hiring an attorney. Clients should also consider an attorney’s experience, track record, and communication style when deciding whether to hire them for their case.
Additionally, clients should be aware of other legal costs associated with personal injury cases beyond attorney fees. These costs may include court filing fees, expert witness fees, and other expenses related to building a strong case. Clients should discuss these costs with their attorney upfront to avoid any surprises.
Conclusion
In general, Connecticut’s contingency fee limits for personal injury cases are strict and applied universally. However, there may be some exceptions to these limits if the client agrees in writing and the attorney can justify the higher fee. Clients should carefully consider all factors when hiring an attorney for their personal injury case, including fees, experience, and other legal costs. By doing so, they can increase their chances of a successful outcome.