Our Charlotte car accident lawyers know that consideration of attorneys fees is an important one to those who have been injured. We usually explain, first of all, that our services are offered on a contingency fee basis, meaning if we don’t win, you don’t pay attorney’s fees. If we do win, the fee will not be a surprise. It will be a set percentage of the overall damage award decided at the outset of the case.
However, there are some situations in which attorney’s fees may be paid by the other side. The are two basic approaches to the recovery of attorneys fees: The English Rule and the American Rule. The English Rule says the losing side pays both parties’ attorney fees. The American Rule holds that each party pays his or her own attorney’s fees, regardless of how the case ends. North Carolina follows a modified American Rule. It holds that while each party generally pays his or her own attorney fees – except under certain circumstances. Those can include personal injury claims where recovery is less than $10,000, claims that are unsupported by fact or law or claims in which a reasonable settlement offer is refused (Rule 68).
Anytime a lawyer can work out a situation wherein the other side pays the fees, they’re going to do it. But that doesn’t necessarily mean it’s a given, and each case is different. Continue reading