Hiring an Attorney for Car Accident Representation

If you’re in the process of hiring a car accident lawyer in Nebraska or Iowa, you might be wondering how much it’s going to cost. Like most people, you’ve probably never had to hire a personal injury attorney before. You may have worked with a lawyer on a family law matter, a will, or another legal issue where you were charged an hourly rate or received monthly invoices. 

Car accident attorneys, however, typically don’t work that way. Most personal injury lawyers are paid through a contingency fee agreement, meaning you generally won’t pay attorney fees unless your case is successfully resolved. In this guide, we’ll explain the different types of attorney fee arrangements, including contingency fees, flat fees, and hourly fees, so you know what to expect. 

If you’ve been injured, call a car accident lawyer at Hauptman, O’Brien, Wolf & Lathrop at (402) 241-5020 or contact us online for a free, confidential consultation to discuss your options.

What Types of Attorney Fees Are There?

Many people assume attorneys are paid in one of two ways:

  • Flat fees
  • Hourly fees

While those arrangements work well for many legal matters, they are generally not practical for personal injury cases.

Flat Fees

Think about taking your vehicle to a mechanic. After inspecting the problem, the mechanic usually provides an estimate for the entire repair. That’s a flat fee, covering both labor and parts. The final amount may vary slightly, but experienced mechanics usually have a good idea of what the work will involve.

Some lawyers also charge flat fees, particularly for straightforward legal services with predictable workloads.

Car accident cases, however, are rarely predictable. Every claim is different, and the amount of work required depends on many factors, including:

  • The severity of your injuries.
  • Whether liability is disputed.
  • The amount of evidence that must be gathered.
  • Whether expert witnesses are needed.
  • Whether the case settles or proceeds to trial.

If injury attorneys charged flat fees, they would have a strong incentive to avoid complex, high-value cases because those cases often require substantially more time and resources.

Hourly Fees

Hourly billing is familiar to many people because it’s how many professionals are paid. Some attorneys also bill this way, often using a retainer agreement where clients pay for a certain number of hours each month.

Again, this arrangement creates problems in car accident cases.

When someone has been seriously injured, they may already be struggling with:

  • Medical bills.
  • Lost income.
  • Vehicle repair or replacement costs.
  • Ongoing treatment expenses.

Adding monthly legal bills on top of these financial pressures can make pursuing a claim nearly impossible. Many accident victims would simply accept the insurance company’s first settlement offer, even if it doesn’t fully cover their losses.

For these reasons, neither flat fees nor hourly billing works particularly well for most personal injury cases.

Instead, injury attorneys generally use a third option: the contingency fee.

What Is a Contingency Fee?

A contingency fee is exactly what it sounds like. Your attorney’s fee is contingent upon successfully resolving your case, either through a settlement or a favorable verdict.

This arrangement benefits both clients and attorneys.

For clients:

  • No upfront attorney fees.
  • No monthly legal bills.
  • No out-of-pocket attorney costs while the case is ongoing.
  • Legal representation without additional financial pressure.

For attorneys:

  • The focus stays on obtaining the best possible result.
  • Success is directly tied to the client’s recovery.

Generally, the contingency fee is a percentage of the compensation recovered. While the percentage varies between firms, the average is around 33 1/3%.

For example, if your case settles for $300,000, approximately $100,000 would go toward attorney fees.

At Hauptman, O’Brien, Wolf & Lathrop, our clients sign a contingency fee agreement at the beginning of the case so they know exactly what percentage applies. We also advance most case expenses, meaning clients typically have no out-of-pocket costs while the claim is pending.

Some law firms increase their contingency fee if a lawsuit becomes necessary. At Hauptman, O’Brien, Wolf & Lathrop, our contingency fee remains the same whether a lawsuit is required or not.

Do I Have to Pay for My Consultation?

Now that we’ve discussed contingency fees, you may wonder whether there’s a charge just to meet with an attorney.

Some lawyers do charge consultation fees, particularly for matters involving:

  • Divorce.
  • Estate planning.
  • Probate.
  • Business law.

Personal injury law is different.

If you’ve been hurt in an accident, you’re already dealing with medical expenses, vehicle damage, lost wages, and countless other financial concerns. The last thing you should have to worry about is paying simply to learn whether you have a legal claim.

Law firms that focus on accident cases understand this. That’s why free consultations have become the industry standard.

A consultation also benefits both sides. It allows:

  • You to decide whether the attorney is the right fit for your case.
  • The attorney to evaluate your claim and determine how they can help.

If you’re worried about the cost of hiring a lawyer, don’t be. Free consultations and contingency fee agreements allow injured people to pursue justice without paying attorney fees upfront. You only pay attorney fees if your case is successfully resolved.

Is It Worth Getting an Attorney for a Car Accident?

Asking whether it’s worth hiring a car accident attorney is a bit like asking whether it’s worth hiring an electrician to rewire your home.

A small number of people may be able to handle the work themselves, but many spend significant time and money before eventually calling a professional. In some situations, trying to do it alone leads to much bigger problems.

Car accident claims are no different.

Even matters that seem simple can quickly become complicated. For example, determining how much compensation you deserve often involves much more than adding up your medical bills.

You may also be entitled to compensation for:

  • Lost wages.
  • Reduced future earning capacity.
  • Future medical treatment.
  • Rehabilitation costs.
  • Pain and suffering.
  • Other accident-related losses.

Knowing what damages apply to your case requires experience with personal injury law and an understanding of how insurance companies evaluate claims.

You’ll also be dealing with insurance adjusters and defense attorneys whose job is to minimize the amount their company pays. They may seem friendly and cooperative, but their goal is to protect the insurance company’s financial interests.

Insurance companies often begin by offering a settlement that is much lower than what the claim may actually be worth. They also use all kinds of tactics to delay or deny payment.

Without legal representation, you may not know:

  • Whether the offer is fair.
  • How to negotiate for more compensation.
  • How your medical bills should be handled while the claim is pending.
  • What happens if negotiations fail.
  • Whether filing a lawsuit is the right next step.

These are difficult decisions that often need to be made quickly and confidently.

For these reasons, we firmly believe hiring an experienced car accident attorney is well worth it, and our clients consistently tell us they feel the same way after seeing the results.

Schedule a Free Consultation With a Car Accident Lawyer

Car accidents are difficult enough without the added stress of mounting medical bills, financial uncertainty, and dealing with insurance companies. An injury can affect nearly every part of your life, and none of it was your fault.

If you’re facing this situation, we’re here to help. Our car accident attorneys at Hauptman, O’Brien, Wolf & Lathrop, LLC will stand by your side, explain your options, and work to recover the compensation and resources you need to move forward. We serve clients in Nebraska and Iowa through our offices in Omaha, South OmahaLincolnBellevueSioux City, and Council Bluffs.

We always work on a contingency fee basis, so you never have to worry about paying attorney fees upfront. We’ll explain our fee agreement clearly from the beginning and answer any questions you may have.

If you’d like to speak with us in person or over the phone, contact Hauptman, O’Brien, Wolf & Lathrop today to schedule your free, confidential consultation. Call (402) 241-5020 to get started.


by Hauptman, O’Brien Personal Injury Lawyers
Last updated on - Originally published on

Posted in: Car Accidents