In Oklahoma, personal injury lawyers typically operate on a contingency fee basis, meaning they only receive payment if they successfully recover compensation for your case.
The percentage taken generally depends on the stage at which the case is resolved:
- Pre-litigation settlements: The average fee usually ranges between 33% and 40% of the gross recovery. This covers case investigation, demand letters, and negotiations.
- Litigation or trial: If the case proceeds to a lawsuit or trial, the fee typically increases to between 40% and 45% of the gross recovery to cover costs like discovery, depositions, and trial preparation.
It is important to note that litigation costs and expenses (such as court filing fees, medical records, and expert witness fees) are separate from the attorney’s fee. These costs are often advanced by the law firm and then deducted from the final recovery.
Per the Oklahoma Rules of Professional Conduct, all contingency fee agreements must be reasonable and provided in a written document signed by the client to ensure transparency.
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