Personal injury lawyers are paid through contingency fees. This means you don’t need to write a check to the lawyer for his or her services. Instead, the lawyer’s fee is a percentage of the gross amount recovered in the case, whether that recovery comes through a trial or settlement. If the attorney fails to recover compensation for you, then you do not have to pay a fee.

Connecticut law limits the percentage a lawyer can take as a contingency fee according to a sliding scale, which begins with one third of the first $300,000 and decreases gradually for higher amounts recovered. In complex matters, such as medical malpractice or products liability claims, a firm may ask you to sign a fee waiver, which allows for collecting a larger percentage than allowed by the statutory cap.

Notably, in a personal injury lawsuit you will also incur certain costs separate from the attorney’s fee. You normally will be responsible for these expense items, no matter the outcome of the case. In addition, some law firms may request that you the expenses as the case progresses. Some examples of common costs of a lawsuit are:

• Court fees — These include the fee to file the lawsuit ($360 as of 2022) and the fee for having a Connecticut state marshal serve the lawsuit on the defendant.
• Depositions — These pretrial interviews of parties and witnesses require a court reporter and preparation of transcripts, which come at a price. The cost will vary depending on the length of the deposition, anywhere from a few hundred to a few thousand dollars each.
• Experts — An injury case that goes to trial is likely to require at least some expert witnesses to present opinions on the cause of an accident or the extent of damages suffered by the plaintiff. Expert witnesses charge fees for their reports and for their time spent in court. At a minimum you can expect a few thousand dollars in expert fees, and easily more than $10,000 in a more complicated case.
• Miscellaneous — You may also have to shoulder such costs as postage, document copying fees, travel expenses and fees for obtaining certain records.

The retainer agreement you sign with your attorney should provide you with an explanation of the costs you will be responsible for and when you will be expected to pay. If it does not, make sure to request written clarification on these important components of your fee agreement.

If you’ve been injured in an accident, the lawyers at Gesmonde, Pietrosimone & Sgrignari, L.L.C. would be happy to meet with you to discuss whether you have a potential case and how much it will likely cost to pursue it. You can reach us at 203-745-0942 or contact us online to schedule a consultation with an attorney in our Hamden or East Haven locations.