Understand Fees and Case Costs Before You Decide

Many car accident lawyers in Bakersfield handle injury cases on a contingent-fee basis, and you may still be responsible for case costs if there is no recovery. This page explains how that works, which case costs you may see, and what to ask before you sign anything.

How Contingency Fees Work in a California Car Accident Case

A contingency fee is paid from your recovery, not billed by the hour. Your recovery is the money you receive through a settlement with the insurer or a court judgment. This setup helps people who cannot pay hourly rates while they heal and miss work. Contingency fees are common in injury cases because the lawyer’s pay depends on whether there is a recovery.

California requires these terms in writing. Under Cal. Bus. & Prof. Code § 6147, an attorney who contracts to represent a client on a contingency fee basis must, at the time the contract is entered into, provide a duplicate copy of the contract, signed by both the attorney and the client, to the plaintiff or to the client’s guardian or representative, and the contract must be in writing. Ask the lawyer to explain each term in plain words. If a term still confuses you, ask again before you sign.

Your Free, Confidential First Consultation

The fee percentage is written into your fee agreement, and you should see it before you sign. Ask about fees and costs during your free, confidential first consultation with Colvin Accident Lawyers, which carries no obligation to continue. Under Cal. Code Civ. Proc. § 1021, the measure of attorney pay is left to the agreement between you and the lawyer, unless a statute sets fees.

Under § 6147, unless the claim is subject to the provisions of Section 6146, the agreement must say the fee is not set by law but is negotiable. That rule applies unless the claim falls under a separate rule in that section.

Ask how the percentage applies if your case settles before a lawsuit is filed. Then ask how it applies if the case goes to court. Get both answers in writing. The State Bar’s fee guidance covers written fee agreements, contingency percentages, and costs.

Case Costs the Firm Advances and Who Pays Them

Case costs are the expenses needed to build and present your claim. Common examples include:

• filing fees
• medical records charges
• accident reconstruction
• witness fees for professionals who testify
• deposition and court reporter costs
• mediation fees

Ask Colvin Accident Lawyers during your free consultation how case costs are handled, including whether you would owe any costs if there is no recovery. Your fee agreement explains how advanced costs are repaid from any recovery. It also states whether you will owe advanced costs if there is no recovery. Under § 6147, the agreement must explain how costs affect your fee and your recovery.

Costs can also shift during a lawsuit. Under Cal. Code Civ. Proc. § 998, if the other side makes a written settlement offer you do not accept, and you later fail to get a more favorable result, you may not recover certain costs from that point. You may also have to pay the defendant’s costs from the time of the offer. Cal. Code Civ. Proc. § 998 reads: “If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award.” Ask how such an offer would affect your case before you decide.

What Happens From the First Call to a Settlement or Trial

Your case moves through five stages, from first contact to a settlement or a trial.

1. Free consultation. You describe the crash, your injuries, and your insurance details.
2. Signed agreement. If you decide to go ahead, you sign the written fee agreement and receive a copy.
3. Investigation. The firm gathers the police report, medical records, photos, and insurance information.
4. Negotiation. The firm presents your claim to the insurer. You decide whether to accept any settlement offer.
5. Lawsuit if needed. If the claim does not settle, the case may move to a lawsuit and, later, trial.

How long each stage takes depends on your injuries, the evidence, and the insurer. No exact timeline can be given. California’s general deadline for an injury lawsuit is two years under Cal. Code Civ. Proc. § 335.1, but only for actions for assault, battery, or injury to, or death of, an individual caused by the wrongful act or neglect of another.

Your own fault matters too. See Daly v. General Motors Corp.

What the Free Confidential Consultation Covers

The first consultation is free, confidential, and carries no obligation to continue. You can ask about fees, costs, and liens before you decide anything. Bring what you have:

• the police report number
• your insurance information and the other driver’s details
• medical bills and treatment records
• photos of the scene, the vehicles, and your injuries
• letters from insurance companies
• proof of lost pay, if you have it

Timing matters if a government agency may be involved. For a claim against a public entity for death, injury to a person, or injury to personal property or growing crops, Cal. Gov. Code § 911.2 requires the claim to be presented not later than six months after the cause of action accrues. Mention any city, county, or state involvement at the start. Ask how medical liens are handled under your agreement, and get that answer in writing.

Why Colvin Accident Lawyers for a Bakersfield Car Accident Case

Colvin Accident Lawyers is based in Bakersfield, California. It serves clients in Kern County and nearby communities, including Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi. Donald Norman Colvin is the responsible lawyer for this page.

The firm handles car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, catastrophic injury, and wrongful death matters. Our team includes assistants and office staff who help keep your file organized. Our team can walk you through the fee agreement before you decide anything.

Common Questions About Car Accident Lawyer Fees

Fee questions come down to what your signed agreement says.

Talk With Colvin Accident Lawyers About Your Car Accident Fees

If you were hurt in a crash and are weighing whether you can afford a claim, you do not have to answer that question alone. Medical bills, missed paychecks, and calls from an insurance adjuster can add up quickly. A short conversation can show how the fee and cost terms would apply to your situation. To begin, reach out through the Colvin Accident Lawyers contact page or call the firm’s Bakersfield office.

Colvin Accident Lawyers, Bakersfield, California — responsible for this site. Responsible lawyer: Donald Norman Colvin.