How Much Does It Cost To Hire A Personal Injury Attorney In Virginia?

Key Highlights:

• The majority of lawyers in Virginia charge fees that are contingent on their recovery, meaning there is no initial cost to hire a personal injury attorney in Virginia. 

• If there are no recoveries made, then you will not have to pay legal fees. 

• The 1% rule in Virginia explains why it is worthwhile to have representation. 

• The fact that the Insurance companies can singlehandedly apply the 1% rule to make unjust claims against injured victims makes it necessary to have professional legal representation.

Dealing with injuries sustained from an accident, including potential expenses, should be the least of your worries. You may be curious about the cost to hire a personal injury attorney in Virginia. But the truth is that you usually won’t have to pay anything until you recover from your injuries. 

Typically, lawyers who deal with injury cases in Virginia operate on a contingency fee basis, which means that you will have to pay them only if you win your case. In this blog by our personal injury attorney Virginia at Tatum & Atkinson Law Firm, we will discuss in detail the payment process for legal aid in the state. 

If you want to be sure that your case is in good hands, make sure to get in touch with the Tatum & Atkinson Law Firm at (800) 529-0804 today for a free consultation.

What is the Cost to Hire a Personal Injury Attorney in Virginia

Contingency fees refer to a percentage of the amount the attorney recovers for you. You are not charged by the hour or made to pay any retainer before the attorney starts work. The customary percentage of the contingency fee agreement is one-third, and it may be even more if your case goes to trial. 

Pursuant to Va. Rule of Professional Conduct 1.5, a contingency fee agreement has to be in writing, has to be reasonable, and has to specify the percentage of recovery at each stage, alongside how expenses are deducted.

Attorney Fees Versus Case Expenses

It is important to note that the lawyers’ fees and case expenses are two different things. The lawyers’ fees are the amount they charge for their services, while case costs are the expenses that are required to build the case. 

The examples of case expenses are as follows:

• Filing fees
• Obtaining medical records
• Engaging expert witnesses
• Assigning investigators to the case
• Depositions and other expenses related to the courts

In Virginia contingency cases, lawyers typically advance these expenses. They get reimbursed later from the recovery. In case the outcome is unfavorable, there is no payment for attorney services.

Why Some Cases Cost More to Build

Not all cases require the same level of resources. A truck accident case, a catastrophic injury case, a wrongful death case, or a disputed-liability case may require you to hire several experts, perform an accident reconstruction, and conduct an extensive investigation. 

All this contributes to a higher cost of the case, while a firm that will cover those expenditures is required.

Virginia’s 1% Rule and What Representation Is Worth

The cost is only one part of the equation; the other portion concerns value. In Virginia, value is particularly big due to the 1% rule. Under pure contributory negligence, if the insurance company claims that you are even 1% responsible for what happened, you may lose your case. A lawyer helps to protect you from this and performs other work required for successful personal injury claim processing, such as:

• Negotiating with the insurance company so that you will not accidentally admit your own fault.
• Protecting evidence from disappearing.
• Evaluating total damages incurred.
• Negotiating and preparing for court if the offer received is not satisfactory.

In addition, there is a difference in the way the companies view claims from those represented by lawyers and claims from those that were submitted by individuals themselves. And that difference quite often makes it possible for the fee to pay for itself.

Before You Hire: Misconceptions and Questions to Ask

One of the biggest myths surrounding Virginia personal injury lawyers is that they are very costly and something that only some can afford. Cost is not an excuse for not having representation, as contingency exists for this purpose. 

Before making a decision, remember to ask: 

• What is the percentage at different stages? 
• How are the expenses taken care of, especially if you lose? 
• Who will be in charge of your case? 
• How many cases of the same kind have been handled by the firm? 

The more specific the answers, the better.

Understanding the Cost to Hire a Personal Injury Attorney in Virginia 

Don’t let the issue of financial difficulties and the high cost to hire a personal injury attorney in Virginia keep you from seeking legal assistance after a severe injury. If your matter is contingency fee-based, you can understand your case without spending anything in advance. 

The law offices of Tatum & Atkinson, established in Cedar Bluff, Virginia, handle cases related to personal injury and wrongful death. Attorney Jon Ward, the attorney at the law firm, handles everything related to Virginia cases.

For a free initial consultation, call (800) 529-0804. 

FAQs: How Much Does It Cost to Hire a Personal Injury Attorney in Virginia?

Do I really pay nothing up front to hire a Virginia injury lawyer?

This is true in most instances. Contingency fees imply that there is no need to pay retainers or any hourly rates. Lawyers get their commission only when recovering money for the client. It is wise to make sure the terms of payment are written down, and a credible law firm will make everything clear to you beforehand. 

What percentage does a personal injury lawyer take in Virginia?

Most lawyers charge something like one-third of the settlement received, while many firms charge higher amounts later, especially if the lawsuit has to be filed. Since it depends on the law firm and the type of case, be sure to verify the numbers before moving forward. 

If my case does not win, do I owe the money the firm spent?

It depends on the written agreement before proceeding; inquire about it early. You are not liable to pay for an accident lawyer cost if no recovery has taken place, which is standard practice. As for advanced expenses such as expert and filing expenses, they differ from firm to firm – some law firms may write them off if you lose your case, while others expect you to repay them.

Does hiring a lawyer eat up so much of the settlement that it is not worth it?

The claims procedure for insurers differs between claims represented by a lawyer and those made without legal representation. Additionally, the attorney pursues the maximum possible compensation, which the person, on their own, would not have been able to obtain. Even after the fee has been deducted from the compensation obtained, the claimant ends up with a much larger sum than they would receive on their own.

How soon should I hire a lawyer, and does waiting cost me anything?

Certainly, it is always advisable to act sooner rather than waiting because waiting can cost in more ways than one might imagine. Evidence will be lost within weeks, witness memories will fade and witnesses will forget what happened. However, Virginia does give injured persons a limit of two years to file a lawsuit under Va. Code § 8.01-243 and missing that deadline will doom a valid case.

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.