Our Contingency Fees
Unlike many other areas of legal representation, personal injury and disability cases are usually taken on by lawyers on a ‘contingency basis’. This means that a law firm agrees to a personal injury fee that is a percentage of the amount recovered in a lawsuit on behalf of the injured person. In the event that there is no recovery, the law firm collects no fees.
Our contingency fees are outlined below:
Contingency Fees for
Brain Injury & Other Personal Injuries
If you sustained injuries as a result of a motor vehicle accident, slip & fall, or general negligence, we charge 29% of the settlement value less disbursements.
If your injuries resulting from a motor vehicle accident are determined catastrophic, our fee % will be less.
Contingency Fees for
Long-Term Disability & Long-Term Care
29% to 33%
For claims relating to denial or termination of Long-Term Disability and Long-Term Care insurance benefits, our fees range from 29% to 33% of the settlement value less disbursements.
Our final range is determined by whether you are put on or back on claim.
Contingency Fees for
Solicitor Negligence & Legal Malpractice
Negligence by Personal Injury and Disability lawyers can occur when their handling of a case is not up to the standard of skill and care expected of a competent lawyer.
For solicitor negligence and legal malpractice claims, we charge 35% of the settlement value less disbursements.
Roger R. Foisy and his team provide initial consultations absolutely free of charge.
We will be happy to meet with you to discuss the possibility of retaining our services. The initial meeting can be held virtually, at our office, or may be held at your home. Initial consultations can last up to two hours and are always free.
Personal injury legal fees are charged only for a successful financial recovery on your behalf. We clearly outline our fee arrangement with you in a contingency fee agreement.
For contingency retainer agreements signed on or after July 1, 2021, new amendments to the lawyer and paralegal conduct rules came into effect regarding how contingency fees are calculated and charged. Read this guide carefully before you enter into any agreement about contingency fees. Lawyers and paralegals are required to give you this guide when you first meet with them to discuss contingency fees. Additional information about contingency fees is available on LSO.ca.
Our team provides each prospective client with an easy to understand agreement which clearly explains the lawyer-client relationship and how any monies received will be handled. Every client who retains the legal services of Roger R. Foisy and Associates is provided with a signed copy of the agreement between them and the law firm.
A mutually agreed upon fee is fully explained in writing so that there are no surprises at the conclusion of your case.
Frequently Asked Questions About Contingency Fees
- What experience do you have with cases like mine?
- What legal services does the contingency fee cover?
- What percentage will you charge me if I receive money at the end of my case?
- How do you calculate the percentage for your fee?
- Based on your experience, do you think that we can resolve this case in the early stages? Is the percentage lower if I am likely to win or settle my case early?
- Who will be paying for disbursements?
- If I am paying for disbursements, what type of disbursements do I have to pay for?
- If I am paying for disbursements, when do I pay for them?
- Will you take a lower contingency fee if I pay for my disbursements throughout thecourse of the case?
- Can you give me an estimate of how much disbursements could end up costing in my case?
- What happens if I become unable to pay for disbursements?
- If I win my case, will I likely be awarded costs?
- If I lose my case, is it likely I will have to pay costs?
- Based on your experience, how much in costs will I have to pay to the other side if I lose?
- Will a deductible apply to my motor vehicle accident case?
- If a deductible applies to my case, how could it affect my award or settlement?
- If I win or settle, how will I receive my settlement or award money?
- Based on your experience, how long will I have to wait for my settlement or award?
What experience do you have with cases like mine?
Collectively, the lawyers in our office have more than 30 years of experience handling cases similar to the one you have come to us about. While the majority of our cases do settle, we have court and hearing experience for those cases that require representation before a court or tribunal.
What legal services does the contingency fee cover?
The legal services covered by the contigency agreement should be explicitly noted in the written contingency agreement under the sub-heading “Services we will provide under this agreement”. You should also pay close attention to the sub-heading “Services NOT covered under this agreement”.
What percentage will you charge me if I receive money at the end of my case?
We will charge you 29% of the total settlement or award plus HST. The percentage DOES NOT APPLY to any disbursements (including taxes) our firm incurs on your behalf towards the handling of your matter. These amounts are deducted from the entirety of the award or settlement after which the contingency fee percentage is applied to the balance.
How do you calculate the percentage for your fee?
The percentage DOES NOT APPLY to any disbursements (including taxes) our firm incurs on your behalf towards the handling of your matter. These amounts are deducted from the entirety of the award or settlement after which the contingency fee percentage is applied on the balance.
Based on your experience, do you think that we can resolve this case in the early stages? Is the percentage lower if I am likely to win or settle my case early?
The prognosis of a client’s injuries and/or their disability accounts for much of the reason for a quicker or lengthier litigation process. The availability of a settlement conference and/or court date is another factor in being able to resolve more quickly. The percentage agreed to in the fee agreement will never decrease or increase, which provides our clients and our firm with certainty.
Who will be paying for disbursements?
Under this agreement, we will pay for disbursements, including taxes, up front. You will NOT have to repay us if you lose your case.
If I am paying for disbursements, what type of disbursements do I have to pay for?
As an example, you will have to pay for court filing fees and the services of expert witnesses, photocopies, scan charges, postage, and other related costs to advance your claim.
If I am paying for disbursements, when do I pay for them?
If you are succcessful in an award or settlement, the disbursements will be directly deducted from your award or settlement when trust funds arrive at our office.
Will you take a lower contingency fee if I pay for my disbursements throughout thecourse of the case?
This is something that can be discussed, however, we prefer our clients to use any available funds they may have for treatment that may be needed if they have no available funding through an insurance company.
Can you give me an estimate of how much disbursements could end up costing in my case?
They will range depending on complexity of the claim. A good estimate based on our experience of cases that settle before a trial is $17,500 to $50,000 for personal injury cases; $12,500 to $25,000 for disability cases; and, $25,000 to $50,000 for solicitor negligence cases.
What happens if I become unable to pay for disbursements?
In the event that you are unsuccessful in an award or settlement of your case and you agreed to purchase Legal Expense Insurance which will be offered to you for most personal injury and disability cases, that insurance will usually pay for all of your disbursements in accordance with the contractual terms of that policy. This will be discussed with you in more detail during our free initial consultation.
If I win my case, will I likely be awarded costs?
The quick answer is yes for cases that can proceed by way of a court proceeding.However, for cases that proceed by way of an administrative board and if necessarya hearing before a Tribunal, the quick answer is no. There are some exceptionswhich can be discussed in more detail during our free initial consultation with you.
If I lose my case, is it likely I will have to pay costs?
The quick answer is yes for cases that can proceed by way of a court proceeding. However, for cases that proceed by way of an administrative board with a possible hearing before a Tribunal, the quick answer is no. For court proceeding cases, there is Legal Expense Insurance available for most cases which could help pay for all (or reduced) costs. Further discussion about costs will be discussed in more detail during our free initial consultation.
Based on your experience, how much in costs will I have to pay to the other side if I lose?
This will depend on several factors including, but not limited to: the ongoing length of your case; the stage of the legal proceedings it may be determined it is unlikely you will win your case; whether your matter proceed to a trial, if so, how long did the trial take, the number of witnesses called, and, the number of experts used by the other side.
Because of this, our office takes the necessary steps to keep you aware of the level of risk associated with each step of your case. There are many opportunities throughout your case where you can decide to stop any litigation without having to pay any costs if it is determined with our advice that you may become unsuccessful with your case and therefore subject to pay costs to the other side if your continue to pursue your case.
Will a deductible apply to my motor vehicle accident case?
Yes, a deductible may apply to certain damages available in an MVA case. The laws which are applied to MVA cases are complex and will depend on factors such as the monetary range that is likely expected for your injury or multitude of injures and whether the MVA resulted in the unfortunate death of a loved one. More details will be explained in your free initial consultation.
If a deductible applies to my case, how could it affect my award or settlement?
If a deductible applies to your motor vehicle case, it will lower the amount of your pain and suffering award by the amount legislated by the law in the year that you receive a successful award from a court. In 2021, the deductible is $39,754.31. If your pain and suffering damage award is awarded to be less than $132,513.29, a court would deduct $39,754.31 from that specific damage award (ie: $125,000 award in 2021 would be lowered to $85,245.69).
If I win or settle, how will I receive my settlement or award money?
To protect you and the law firm, all settlement or award money is paid to our firm “in trust”.
To withdraw any of these trust funds we have you sign an authorization and direction which clearly stipulates what money is being paid to you and others who may be owed money which would include our firm for our fees and disbursements.
Based on your experience, how long will I have to wait for my settlement or award?
If your matter does not require a court approval, usually settlement or award money arrives to our office within two to four weeks of settlement or award.
Court approvals are required for persons who are incapable of managing their own finances which includes minors. Other examples of when a court approval may be required can be discussed in your free initial consultation.