How Much Does It Cost to Hire a Truck Accident Lawyer?

Overview: Hiring a truck accident lawyer in Louisiana typically does not require you to pay anything upfront. Most truck accident lawyers handle personal injury cases on a contingency fee basis, meaning the lawyer receives an agreed percentage of the money recovered in your case. A common fee is one-third of the recovery when a case settles before a lawsuit is filed, although some lawyers charge a higher percentage when litigation becomes necessary. Case expenses can also affect the amount you ultimately receive.

Key Takeaways:

• Most Louisiana truck accident lawyers handle personal injury cases on a contingency fee basis.
• You generally do not pay attorney fees upfront when your lawyer takes your case on contingency.
• One-third, or 33.33%, is a common contingency fee, although it can increase to 40% when litigation becomes necessary.
• Case expenses may be separate from attorney fees and can include investigation, expert witnesses, medical records, and court costs.
• Louisiana doesn’t have a general statewide cap on damages in ordinary truck accident personal injury cases.

One of the most common questions I get from someone who’s recently been involved in an accident with an 18-wheeler is: How much will it cost to hire a truck accident lawyer? To this, I often answer with another question: How much will it cost if you don’t?

Not having representation from an experienced Louisiana personal injury lawyer after an accident is a misstep for many people, whether they’re the victim in a truck accident or the one at fault. Without representation, which is most often based on a percentage of the recovery, an accident can cost you far more. And not only in money.

So, if you’ve been involved in an accident with a semi in Baton Rouge, Lafayette, New Orleans, or anywhere else throughout Louisiana, here’s why you should speak to a Louisiana truck accident lawyer immediately. Cost is one thing. The price you may pay without representation is another.

Why You Pay Nothing Upfront to Your Lawyer in a Truck Accident

In most Louisiana truck accident cases, you don’t pay your lawyer an upfront retainer or hourly fee. Instead, the lawyer most likely will represent you under a contingency fee agreement.

Under a contingency fee arrangement, the lawyer’s fee depends on recovering money for you. Rather than paying your lawyer by the hour, you agree that the lawyer will receive an agreed-upon percentage of the settlement or judgment they obtain on your behalf. This arrangement allows someone who’s been seriously injured in a truck accident to obtain legal representation without having to come up with thousands of dollars at the beginning of the case.

If your lawyer doesn’t recover money for you, you generally won’t owe an attorney fee under a standard contingency arrangement. Your written fee agreement should explain exactly what happens if there’s no recovery and how case expenses will be handled.

Louisiana law permits attorneys to enter into written agreements for fees based on a percentage of the subject matter of a claim. Louisiana's professional conduct rules also require a contingency fee agreement to be in writing and to explain how the fee will be determined, including the percentage that applies at different stages of the case and how litigation and other expenses will be addressed.

The fact that you don’t pay an attorney upfront doesn’t mean that hiring a lawyer is free. The lawyer is paid from the recovery if the case is successful. That makes it important to understand the percentage your lawyer will receive and which expenses may be deducted from your recovery.

What Is a Contingency Fee When Hiring a Truck Accident Lawyer?

A contingency fee is a percentage of the money recovered in a truck accident case that is paid to the lawyer as the attorney fee. Unlike an hourly fee, you don’t pay your lawyer based on the amount of time they spent working on your case. The lawyer gets paid from the money they recover through a settlement or judgment.

For example, if you and your lawyer agree to a 33.33% contingency fee and your case settles for $300,000, the attorney fee would be approximately $100,000. The amount you ultimately receive can also be affected by case expenses and other deductions outlined in your fee agreement.

The advantage of a contingency fee is that you can hire a truck accident lawyer without having to pay an attorney fee upfront. This can make legal representation available to people who may be facing medical bills, lost income, property damage, and other financial pressures after an accident.

The fee agreement should explain how the contingency fee is calculated and how expenses will be handled. Before signing, make sure you understand what you could pay and how much of a settlement or judgment would go toward attorney fees and expenses.

Standard Percentages in Contingency Fees for a Louisiana Truck Accident

Louisiana doesn’t have one standard contingency fee that every truck accident lawyer must charge. Generally, the standard fee is 33.33% when a case settles before litigation and increases to 40% if litigation is required. However, the percentage is established in the fee agreement between you and your lawyer and can depend on how the case progresses.

For example, some Louisiana personal injury fee agreements provide for different percentage fees based on whether a case settles before a lawsuit is filed, whether the lawyer must file a lawsuit, and whether a case must be tried in court or appealed. A tiered approach like this reflects the additional work that may be required as a case becomes more complex. A truck accident case that’s headed to court can involve depositions, expert witnesses, extensive discovery, motions, trial preparation, and other work that may not be necessary should a case settle early.

So, when comparing Louisiana truck accident lawyers, don’t look only at the contingency fee percentage. Pay attention to when the percentage changes and how the agreement treats expenses. Understanding these differences can prevent unwanted surprises. 

How Much Can You Recover From a Louisiana Truck Accident?

The amount you can recover from a Louisiana truck accident depends on your injuries, financial losses, liability, available insurance coverage, and the facts supporting your claim. Depending on the circumstances, damages in a Louisiana personal injury claim may include medical expenses, lost income, loss of future earnings, property damage, pain and suffering, physical impairment, and other losses recognized under Louisiana law.

Louisiana does not have a general statewide cap on damages in ordinary truck accident personal injury cases. This means there’s no general dollar limit that will apply to every person injured in a truck accident.

There are exceptions for certain types of claims. For example, Louisiana law contains separate limitations that can apply to claims involving governmental entities and medical malpractice. Whether any limitation applies will depend on the specific facts and legal claims involved in your case.

The amount of available insurance coverage can also affect the practical value of a truck accident claim. In commercial trucking accidents, for example, the trucking company may have insurance coverage to cover certain types of damages. Determining which policies apply requires research into their terms and the circumstances surrounding the accident, including what percent each person was at fault, weather, and even road rage.

For that reason, the value of a truck accident claim cannot be determined simply by looking at the type of accident. The severity of your injuries, your medical treatment, your lost income, your future financial losses, available insurance coverage, and the evidence establishing fault can all affect potential recovery.

As stated in the earlier example, if your lawyer recovers $300,000 and the contingency fee is 33.33%, approximately $100,000 would go toward the attorney fee before case expenses and any other applicable deductions. The amount you receive would depend on the specific terms of your fee agreement and the circumstances of your case.

What Expenses Are Involved in a Louisiana Truck Accident Case?

Truck accident case expenses can include medical records, accident reports, expert witnesses, accident reconstruction, depositions, court filing fees, investigations, and other costs associated with pursuing the claim. Attorney fees are only one potential cost associated with a truck accident case.

Your lawyer may incur expenses while investigating and pursuing your claim. A truck accident investigation may require reviewing driver logs, electronic data, including AI, maintenance records, employment records, company policies, photographs, video footage, witness statements, and other evidence.

These expenses can add up, particularly in a serious commercial truck accident.

Again, your contingency fee agreement should explain who pays these expenses and when they’re paid. Some lawyers advance case expenses and are reimbursed from the eventual recovery. Other agreements may handle expenses differently.

It’s worth asking your lawyer about these costs before signing the agreement. You should understand the attorney’s percentage, the expenses that may be deducted from your recovery, and what happens if your case does not result in a settlement or judgment.

Medical expenses can also affect your financial recovery. A serious truck accident can result in substantial medical bills, lost wages, rehabilitation expenses, and future medical needs. Your lawyer may need to account for these losses when negotiating a settlement or presenting your damages in court.

Find a Louisiana Truck Accident Lawyer

If you’ve been injured in a truck accident in Louisiana, the cost of hiring a lawyer shouldn’t stop you from seeking legal advice. Most Louisiana truck accident lawyers and attorneys who work on contingency don’t require you to pay attorney fees upfront. Instead, the lawyer receives an agreed percentage of the recovery if money is recovered in your case.

A truck accident involving a semi or other commercial vehicle can be more complicated than a typical car accident. Multiple potentially responsible parties, commercial insurance policies, trucking company records, federal and state regulations, and substantial evidence may need to be preserved and reviewed, and having a lawyer managing that process from the beginning can better place you in a position of strength. 

Getting legal advice soon after the accident can also give your lawyer an opportunity to investigate the circumstances while evidence is available. Electronic data may be deleted regularly, for example, and witnesses’ memories begin to fade. Trucking companies and their insurers may begin investigating an accident soon after it happens, and you’ll want to have access to the information they do when they do.

If you were involved in a truck accident in Baton Rouge, Lafayette, New Orleans, or anywhere else in Louisiana, speak with one of our experienced Louisiana truck accident lawyers at Fisher Injury Lawyers today about your case. Ask about our contingency fee, case expenses, potential recovery, and what you can expect before deciding whether to move forward. We are here to help and support you throughout your case. Contact us today or schedule a free case evaluation.