Legal Fees for Trials Versus Settlements

It can be difficult to determine if your case is worth taking to court. Even though the vast majority of personal injury cases settle, there are instances where pursuing litigation is the best path, and you don’t want to make the mistake of settling if your case happens to be one of them. 

Legal fees for trials are often higher compared to cases which settle because litigation necessitates more time, expert involvement, and preparation. An experienced Arizona injury trial lawyer can not only help you prepare for court, but they’ll also determine if this is the best option for your case. 

The Scale of Fees

First, it’s important to understand how lawyer fees work. Most firms charge clients using a contingency fee, which means that you pay nothing unless your case is successful.

If your lawyer wins your case, they will take a percentage of the compensation awarded. This percentage can change based on whether or not the case settles or goes to trial, as well as on a number of factors, including the difficulty in obtaining evidence and the complexity of the case.

The Cost of Going to Trial

The biggest cost of going to court is time. Lawyers can spend months building a case and gathering information. Costs associated with accident case trials include:

• Lawyer contingency fees
• Depositions
• Expert witness preparation
• Interviews
• Court filings
• Building trial presentations and exhibits
• Jury preparation
• Independent medical evaluations
• Accident reconstruction

Not only does someone at the law firm need to be paid to oversee, schedule, and execute all of these things, but many of these costs involve paying outside specialists. Skilled lawyers will have expert witnesses ready to testify, and their time and skill must be paid for.

The Cost of Settling

Most personal injury cases settle to save time and because of the expenses listed above. By avoiding trial, a majority of these expenses are avoided.

The monetary costs of settling include:

• Lawyer contingency fees
• Evidence requests including police reports, security footage, and medical records

Behind these fewer costs is the risk that your payout may be lower, though. A jury may award you higher compensation than any settlement offer.

Legal Fees: Trial Versus Settlement in Accident Cases

Turn to Gage Mathers

The aftermath of an accident is difficult. You want the compensation you deserve, and if you’re unable to work or are dealing with medical bills, you may be more inclined to settle quickly.

However, a lower fee percentage doesn’t always mean the best financial outcome for victims. By working with the experts at Gage Mathers, you can make sure the overall value of your case is taken into consideration and that you choose the best path forward!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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