Mani Ellis & Layne Accident & Injury Lawyers | March 14, 2025 | Personal Injury
If you need to sue someone for a personal injury claim, such as after a car accident, it will not cost you any money up front. Most Charleston personal injury lawyers work on a contingency fee basis. This means that they take their fee as a portion of any financial compensation that they win for their client.
While personal injury lawyers do not require an upfront payment, lawyers in some other practice areas might. Dive into all the details below to learn more about how much it will cost you to sue someone in West Virginia.
Types of Attorney’s Fee Agreements
While most personal injury lawyers work on a contingency fee basis, lawyers in other practice areas may require an upfront fee. There are a few different fee structures that are commonly used for legal services.
The most common fee structures are:
- Flat fee: A flat fee is when a specific fee is charged for a specific legal service regardless of how much time the lawyer spends on the case. This type of fee is often used when the lawyer has a good understanding of how much time will be needed on the matter and no surprises are likely to arise. Flat fees are common in uncontested divorces and estate planning, such as drafting wills or trusts.
- Hourly billing: Many attorneys charge for their services by the hour. Hourly billing typically requires the payment of an upfront retainer. As the lawyer works on the case, their fee is deducted from the retainer. Hourly billing is common in contested divorces and criminal defense.
- Contingency fee: Contingency fees are used by most personal injury lawyers. With this type of fee, no upfront payment is required. Instead, the lawyer takes their fee from any compensation awarded to the client.
Understanding how much it will cost you for legal services prior to hiring a lawyer is a key component in most people’s decision-making process.
How Do Contingency Fees Work?
Contingency fees allow a lawyer to work on your case with the assurance that they will get paid when you get compensated for your damages. If the lawyer does not secure compensation for you, they will not receive a fee for their services.
Contingency fees can vary based on several factors, including:
- The lawyer’s experience level
- The lawyer’s success rate
- Your location
- The complexity of your case
- Whether your case settles or goes to trial
The average contingency fee in a personal injury case usually ranges from 25% to 40% of the total recovery. Contingency fee agreements in West Virginia must be in writing and signed by the client. They should clearly state how the fee is to be calculated, and they should also list any other expenses that will be deducted from the recovery.
How Long Do I Have to Sue Someone in West Virginia?
The length of time you have to file a lawsuit in West Virginia varies depending on the type of case you are pursuing. For most personal injury claims, including car accidents, truck accidents, pedestrian accidents, and more, you have two years from the date of the accident to file a lawsuit.
Depending on the nature of your claim, your time to file a lawsuit could be even shorter. You should always seek the help of an experienced lawyer to help ensure you do not lose your right to get compensated for your damages.
Do I Need a Lawyer To Handle a Personal Injury Claim?
Remember that many personal injury claims settle without going to trial. In many cases, it is not even necessary to sue the responsible party. Personal injury claims are often settled without a lawsuit, and some victims attempt to handle these claims on their own.
However, an experienced lawyer can help you through the claims process, even when a lawsuit is not needed.
A lawyer can help you by:
- Investigating your accident to determine who is responsible
- Identifying all potential defendants and insurance coverage
- Using experts as necessary to help prove your claim
- Accurately assessing the value of all your damages
- Aggressively negotiating a settlement that fully compensates you for your injuries
Even if you do not plan to file a lawsuit, it is always a good idea to consult with an attorney about your claim. Your lawyer can advise you of all your legal rights and help you decide on the best path forward for your situation.
Contact the Personal Injury Law Firm of Mani Ellis & Layne Accident & Injury Lawyers for Help Today
For more information, please contact an experienced lawyer at Mani Ellis & Layne Accident & Injury Lawyers to schedule a free initial consultation today. We have convenient locations in Columbus, OH, and Charleston, WV.
Mani Ellis & Layne Accident & Injury Lawyers – Columbus, OH Office
20 E Broad St Suite 1000, Columbus, OH 43215
(614) 587-8423
Find us with our GeoCoordinates: 39.96270905583009, -82.99956356191063
Mani Ellis & Layne Accident & Injury Lawyers – Charleston, WV Office
10 Hale St Suite 501, Charleston, WV 25301
(304) 720-1000
Find us with our GeoCoordinates: 38.348382927211865, -81.635109451865