Contingent fees for California injury cases

Many people who retain counsel after a wreck in Canyon Crest, or elsewhere in the Inland Empire, do so on a percentage fee. In that arrangement, counsel is paid a share of the recovery, rather than an hourly bill for every task. That can make it possible to hire counsel without paying a large fee up front, but it is still a contract, and the official professional-conduct rule on fees still applies. Put the arrangement in a writing both of you sign, and read Rule 1.5 of the California Rules of Professional Conduct before you agree.

The writing should state the percentage, how expenses are handled, and what happens if you leave the representation, or if counsel leaves the work, before the matter is finished. Costs are not the same thing as the fee. Costs can include filing charges, report fees, investigation expenses, and similar items, depending on what the writing actually says. Ask whether costs are subtracted first, or only after the percentage is taken, and ask who carries those costs if there is no recovery. A short oral summary of “the usual percentage” is not a substitute for the signed writing.

Rule 1.5 is the official rule on fees, including contingent fees. Read the official text and make sure the writing in front of you is consistent with what you were told. If a later conversation about a higher percentage after a lawsuit is filed is not already in the writing, ask for that to be spelled out before you agree. A percentage that sounds familiar from a friend or from another state is not, by itself, the rule that governs a California matter.

A contingent fee also does not change the civil clocks. An ordinary injury or death lawsuit still generally has to be started within two years under Code of Civil Procedure section 335.1. A public-entity claim is often still due in six months under Government Code section 911.2. Hiring counsel, or taking time to interview more than one office, does not pause those dates. If a six-month claim date is close, say so in the first conversation, and bring the wreck date with you.

What is left after a fee and after costs can also be reduced by provider claims, by health-insurance reimbursement, and by a share of fault. California measures fault in shares, and Civil Code section 1431.2 addresses several liability for non-economic damages. Proposition 213 in Civil Code section 3333.4 can limit non-economic recovery in the vehicle cases it names. A percentage of a reduced recovery is still a percentage of what is actually recovered, not a percentage of an early demand letter or of a hospital’s first bill.

Ask how the office will communicate offer numbers, and how medical bills and later provider claims will be handled before money is disbursed. Those are practical questions, and the answers should match the writing. If a friend or a later advertisement talks about a net figure, go back to the signed agreement and to the actual bills and claims in the file. A profile here is not a quote for any fee. A published work phone is how you reach that office to ask about its own written terms.

Coverage limits can also cap what is practically available, even when the fee writing is clear. A policy that still carries a 15/30/5 floor, or a 30/60/15 floor under Vehicle Code section 16056, may be smaller than the medical bills already in the folder. Truck coverage, TNC coverage, and uninsured-motorist coverage each have their own official rules, which the other guides explain. The fee writing should be read beside those limits, not in place of them. A percentage of a thin policy is still only a percentage of what can actually be collected from that policy.

If you decide not to hire counsel, or to hire counsel later, the clocks still run. Keep the dated checklist, the crash report, the SR-1 if one was required, the bills, and the declarations page. If you do hire counsel and later end the relationship, read the writing on what is then owed, and ask for a closing statement of costs already advanced. A change of counsel does not start the two-year clock over, and it does not restart a six-month public-entity window.

People sometimes delay that first call because they are still talking with more than one office, or because they hope an insurer will simply pay the bills. An insurer letter does not retain counsel for you, and it does not hold the two-year date. If you do interview more than one office, bring the same dated file to each conversation, and ask each office to put its fee terms in a writing you can actually read. Take notes on what you were told about costs, and check those notes against the draft writing before you sign.

A later civil filing in a Riverside County wreck is often a Riverside Superior Court matter, commonly at the Historic Courthouse on Main Street, subject to the current assignment order. The fee writing does not choose that courthouse, and the courthouse does not set the fee. Confirm both the official fee rule and the signed agreement in your hand before you proceed. Treat this as a local briefing only. Get advice on your own facts rather than relying on this briefing alone, and do not treat this page as a fee quote for any office.