Illinois Lawyer Referrals and Legal Guidance
Contingency Lawyers in Cook County
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We have found people are often hesitant to contact a lawyer because they are afraid of paying large fees. In many cases, though, you do not have to pay your lawyer unless he or she wins your case. These lawyers work on "contingency" and will take your case without an upfront fee or hourly rate. At the end of your claim, the attorney will receive a portion of your recovery.
The contingency fee charged at the end of a case varies based on the type and riskiness of the case; however, a typical amount is one-third of the recovery. If you are offered an agreement where the lawyer recovers more than one-third at the end, you may want to get a second opinion. You should also be sure to get a copy of the fee agreement in writing before you hire the lawyer.
In Cook County, most cases that involve a contingency lawyer take place at the Daley Center. The Daley Center is located at 50 W. Washington St. in Chicago. All probate matters involving wills and estate of the deceased are heard at this courthouse. Also, personal injury, medical malpractice, wrongful death and commercial litigation cases take place at the courthouse if the claim is for $30,000 or more.
The most common cases that have a contingency fee involve some type of injury. For instance, personal injury, medical malpractice, workers compensation and nursing home abuse cases are usually taken on contingency. If you have an injury case and your lawyer tries to make you pay a fee or ongoing charge, it may be an indication that the lawyer has a low success rate, and you should get a second opinion. If the firm has a history of winning cases, they can afford to offer their services for free up front. Occasionally, you will have to pay for certain expenses such as the cost of requesting your medical records in a malpractice action; this is not the same as the fee agreement.
A few other types of cases tend to involve contingency fees. Class action suits are almost always on contingency because it wouldn’t make sense for the lead plaintiff in a lawsuit to pay lawyer fees that will benefit a group. The same is true for legal malpractice cases when the case involves a mistake that caused you to lose money; for instance, if a lawyer filed incorrect paperwork which caused you to have your Cook County car accident lawsuit dismissed. Other claims that may be on contingency are overtime or compensation issues, collections, commercial litigation and challenges to a will.
Finally, please note, lawyers are not allowed to handle divorce or criminal cases on a contingency. If a lawyer proposes this arrangement for you, it is illegal. In addition, attorneys that defend lawsuits in Cook County don’t work on a pay if you win basis because when you are the defendant there is typically nothing to recover.