calculator with money and penMost, if not all, personal injury cases are accepted by attorneys on a contingent fee basis. This means that the injury attorney’s legal fee is contingent upon being successful in the injury claim or lawsuit. This is why you often see Contingent Fee Agreements discussed on injury lawyer’s websites and the “you pay nothing unless you win” advertisements on tv. This obviously addresses any questions about the attorney’s fee, but what about the expenses needed to pursue and win personal injury lawsuits?  Who pays for these?

Many injury attorneys and firms may require a retainer (deposit of money) to cover expenses that will be incurred in a lawsuit. Those attorneys or firms will then use the retainer the client paid to cover the costs and expenses of litigation. When the retainer is exhausted or runs low, the attorney usually asks the client for an additional retainer. This is often because the costs and expenses of litigation can become very steep, and some lawyers or firms just cannot afford the necessary expenses to successfully litigate accident cases.

Here at Mahaney & Pappas, LLP, we do not require retainers from our clients for expenses. We understand the stress and difficulty accident victims and their families go through after being seriously injured in an accident. Most times, the injuries are so bad that the person is unable to return to work right away. In that situation, they are unable to earn their pay, but still have household bills and expenses to cover and families and loved ones to support. They may not have the necessary funds to successfully litigate their case in court. This will, no doubt, put a plaintiff at an extreme disadvantage when up against multi-million-dollar insurance companies.

That’s why when we are hired, we always pay the costs and expenses of a personal injury claim or lawsuit up front as incurred. Our office will be reimbursed if/when we are successful on the injury claim or lawsuit. This gives injury victims a fair shot at getting the compensation they deserve when fighting the insurance companies in court.


Joseph M. Mahaney
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Injury lawyer serving car, truck, and motorcycle accident victims in Webster and Framingham, Massachusetts.