By: Adam Smestad, Black Blink & Associates, 719-328-1616
One of the most common reasons people who are injured in an accident don’t reach out to seek help from a lawyer is one simple thought:
“I can’t afford an attorney.”
It is understandable that this is a concern after an accident.
Medical bills are already piling up.
You may be missing work.
Your vehicle may need repairs.
The idea of adding attorney’s fees to the list can feel overwhelming.
Fortunately, most Colorado personal injury attorneys don’t charge clients the way many people think they do.
Most Personal Injury Lawyers Work on a Contingency Fee
In Colorado, most personal injury cases are handled through a contingency fee agreement.
A contingency fee means the attorney’s fee depends on the successful outcome of the case.
In other words, the attorney is paid only if there is a recovery through a settlement or court judgment.
Colorado recognizes contingent fee agreements and regulates them through both the Colorado Rules of Professional Conduct and the Colorado Rules of Civil Procedure. See Colo. RPC 1.5 and C.R.C.P. Chapter 23.3.
Do I Pay Anything Up Front?
Usually, no.
Most personal injury attorneys do not require an upfront retainer.
That means many injured people can obtain legal representation without writing a large check before their case even begins.
Instead, the attorney’s fee is generally paid from the recovery obtained at the end of the case.
Every law firm structures its fee agreements differently, so it is important to ask questions and understand exactly how the agreement works.
What About Case Expenses?
Attorney’s fees and case expenses are not always the same thing.
Case expenses may include things such as:
- Medical record fees;
- Filing fees;
- Expert witness fees;
- Deposition costs;
- Accident reconstruction expenses; and
- Other litigation-related costs.
Colorado’s Rules of Professional Conduct require contingency fee agreements to explain how litigation expenses will be handled and whether those expenses will be deducted before or after the attorney’s fee is calculated. Colo. RPC 1.5(c).
You should always understand how costs will be handled before signing a fee agreement.
Colorado Requires Written Fee Agreements
Colorado takes contingency fee agreements seriously.
Under Colo. RPC 1.5(c), contingency fee agreements must be in writing and signed by the client.
In personal injury cases, Colorado’s procedural rules also require attorneys to provide clients with a written Statement of Client’s Rights.
Those protections exist for a reason.
The goal is to ensure that clients understand the fee arrangement and can make informed decisions about their representation.
Is Hiring a Lawyer Worth It?
Only you can answer that question.
Not every accident requires an attorney.
But many people underestimate how quickly an insurance claim can become complicated.
Questions about fault.
Medical treatment.
Lost wages.
Insurance coverage.
Future medical care.
Settlement negotiations.
These issues become much easier to manage when someone is protecting your interests from the beginning.
I’ve also seen many people wait too long because they were worried about the cost of hiring an attorney.
Unfortunately, that delay can hurt an otherwise strong case.
Evidence disappears.
Witnesses become difficult to locate.
Medical treatment gaps develop.
Insurance companies begin building their defenses immediately.
The Bottom Line
The cost of hiring a personal injury lawyer in Colorado is often far less intimidating than people expect.
Most personal injury attorneys work on a contingency fee, which means you generally do not have to pay attorney’s fees up front.
The most important thing you can do after an accident is learn your options.
A consultation doesn’t obligate you to file a lawsuit.
It simply gives you the opportunity to ask questions, understand your rights, and make an informed decision about what happens next.
If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink & Associates at 719-328-1616 now for a free consultation.
Sources
- C.R.S. § 13-17-303 – Definition of a contingent fee and contingent fee contract.
- Colorado Rule of Professional Conduct 1.5 – Regulation of attorney fees and contingency fee agreements.
- Colorado Rules of Civil Procedure, Chapter 23.3 – Rules governing contingent fees in Colorado.
- People v. Nutt, 696 P.2d 242 (Colo. 1984) (discussing the reasonableness of attorney fees under Colorado law).
- In re Marriage of Swink, 807 P.2d 1245 (Colo. App. 1991) (recognizing that attorney fees are subject to judicial review for reasonableness).