The result of a settlement agreement involves the responsible party paying a certain amount to compensate for the damages caused to the victim.
A retainer agreement is an arrangement where clients make an upfront payment to secure legal services, regardless of the case's outcome. In contrast to contingency fees, where the lawyer takes on financial risk, clients in retainer agreements are responsible for associated costs, including the initial upfront payment.
A settlement can take anywhere from a few weeks to over five years to close. Straightforward personal injury cases, like a car accident lawsuit from a rear-end collision, are more likely to resolve quickly. A medical malpractice case is more likely to take several years.
The average contingency rate falls between 20-40%, with most lawyers charging around 33% to 35% of the total amount recovered in a case. The exact percentage can vary depending on the complexity of the case, the lawyer's experience, and the stage at which the case is resolved.
This contingency is normally calculated as a percentage. If the phase is 100 days of effort, contingency at 20% would be another 20 days. As the project progresses, the level of risk reduces as the requirements and issues become known, so the percentage will be reduced.