Trucking Accident Lawyer Contingency Fee in Georgia

If you were hurt in a truck crash in Georgia, one of your first questions may be how the lawyer gets paid. Many trucking accident lawyers work on a contingency fee, which is a share of any money recovered. This page explains how a trucking accident lawyer contingency fee works in Georgia, what to read in the written agreement, and what to ask before you sign.

Terance Madden is the responsible lawyer for this page. T. Madden & Associates, P.C. has practiced since 1999, with offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon and Augusta.

How Do Georgia Trucking Accident Lawyers Charge, and What Contingency Fee Percentage Is Typical?

Georgia trucking accident lawyers often charge a contingency fee, which is a share of what is recovered for the client. The percentage is set in each client’s own written agreement, so the number that matters is the one you sign.

Our firm handles personal injury matters on a no-fee-unless-we-win basis. You may still be responsible for court costs and case expenses, even when no fee is owed.

A contingency fee can feel simple, but the details decide how much you keep. Ask what percentage applies at each stage: before a lawsuit is filed, at trial and on appeal. Ask whether case expenses come out before or after the fee is figured.

What a Georgia Contingency Fee Agreement Should Say

A trucking accident lawyer contingency fee agreement should make the fee and the expenses easy to follow. Look for these points before you sign:

• How the fee is figured.
• The percentage that applies if the case settles, goes to trial or is appealed.
• Which litigation costs and other expenses you may owe.
• Whether expenses are subtracted before or after the fee is calculated.

Each item changes what you may receive. A fee figured on the total amount is different from one figured after expenses come out. Read the agreement slowly, and ask for a copy you can keep.

Bring the agreement to your first meeting and mark anything unclear. Writing down your questions helps you compare the answers with the paperwork.

How Case Expenses Work Alongside the Contingency Fee

Case expenses are the costs of building and proving a case. They are separate from the lawyer’s fee. Common examples include:

• Court filing and other court fees
• Deposition and transcript costs
• Medical record and billing charges
• Accident reconstruction work
• Copying and retrieving trucking company records

Trucking cases can add costs that smaller crashes do not. Getting a carrier’s logs, dispatch files and receipts often takes time and money. Your agreement should say which expenses you owe and how they are repaid from any recovery.

Here is a simple illustration, not a result or a prediction. Suppose a case settles for $100,000 and case expenses total $5,000. If the fee is figured before the expenses come out, the fee is larger than if it is figured after them. The agreement decides which method applies.

Why Trucking Cases Can Involve Different Costs Than Other Car Crash Claims

A truck crash can involve the driver, the company that employs the driver, and other parties. Sorting out who is responsible takes investigation. Federal rules shape much of that work.

The Federal Motor Carrier Safety Administration explains federal hours-of-service rules for commercial drivers. Under 49 C.F.R. § 395.3, a driver may not drive after 14 consecutive hours that begin when the driver comes on duty after 10 consecutive hours off duty. The same section allows a total of 11 hours of driving in that period.

Under 49 C.F.R. § 395.8, except for a private motor carrier of passengers (nonbusiness), motor carriers must require drivers to record duty status for each 24-hour period. Under 49 C.F.R. § 395.8(e)(1), no driver or motor carrier may make a false report in connection with a duty status. Under 49 C.F.R. § 395.11, carriers must keep supporting documents such as bills of lading and dispatch records, though they need not retain more than eight supporting documents for a driver’s 24-hour period. If a driver has more than eight, the motor carrier must retain the supporting documents containing the earliest and the latest time indications among the eight supporting documents retained. The Georgia Department of Public Safety also summarizes these limits for Georgia drivers.

These records can matter in a case, and pulling them together takes time. That work is part of the case expenses discussed above. Our truck accident guide covers trucking claims in more depth.

How a Trucking Lawyer’s Fee Differs From a General Personal Injury Claim

Many of the fee points above apply to injury claims in general. A trucking case often adds more records, more parties and more investigation. That is why the expense section of your agreement deserves a close look.

Two Georgia rules also shape case value and timing. Georgia uses modified comparative fault. Under O.C.G.A. § 51-12-33, damages are reduced by the injured person’s share of fault. A person who is 50 percent or more responsible recovers nothing. Under O.C.G.A. § 51-12-33, if the plaintiff is to some degree responsible for the injury or damages claimed, the judge reduces the damages otherwise awarded in proportion to the plaintiff’s percentage of fault, and a plaintiff who is 50 percent or more responsible is not entitled to receive any damages.

Georgia’s general deadline to file a personal injury lawsuit is two years, under O.C.G.A. § 9-3-33. Timing matters, so ask about it at the start.

Questions to Ask About Fees at a Free Consultation

Bring these questions to your first meeting:

• What percentage applies at each stage of the case?
• Which case expenses will I be billed for, and when?
• Are expenses subtracted before or after the fee is figured?
• How will expenses be repaid from any recovery?
• Can I take the agreement home to review before I sign?

Frequently Asked Questions

Disclaimer: Terance Madden is the responsible lawyer for this page. T. Madden & Associates, P.C. has offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon and Augusta. Contact the firm through our contact page. This page is general information, not legal advice.