How Contingency Fees Work in Mesothelioma Lawsuits

Understanding Contingency Fees in Legal Cases

When families face a mesothelioma diagnosis, they often deal with emotional stress and financial pressure. Many patients stop working after diagnosis, and household income can drop quickly. The idea of hiring a lawyer may feel out of reach during such a difficult time. That’s why many mesothelioma lawyers in Canada, including Miskin Law, work on a contingency fee basis. This means there are no upfront legal costs, the lawyer is only paid if compensation is recovered. Contingency fees make it possible for families to access legal help without added financial risk.

What Are Contingency Fees?

A contingency fee is a payment arrangement where a lawyer only receives compensation if the case is successful. Instead of charging an hourly rate or a flat fee, the lawyer’s payment is contingent on the outcome of the case. If the lawsuit or settlement is successful, the lawyer takes a percentage of the awarded compensation. If the case is not successful, the client does not owe legal fees. This structure shifts the financial risk away from the client and makes it possible for mesothelioma victims and their families to file claims without worrying about high legal costs.

Why Contingency Fees Are Common in Mesothelioma Lawsuits

Mesothelioma lawsuits are often complex, requiring significant time and resources. Lawyers must investigate decades-old exposure histories, consult with occupational and medical experts, and gather extensive documentation. Many families would not be able to afford the legal costs associated with such an in-depth case if they had to pay hourly fees. Contingency fee arrangements ensure that victims have access to qualified lawyers who can build strong cases without demanding payment upfront.

How the Percentage is Determined

In Canada, contingency fees are usually calculated as a percentage of the compensation recovered. At Miskin Law, we charge a one-third (33%) contingency fee. This includes all applicable taxes, so there are no added charges for HST or other tax amounts. We only get paid if compensation is received. Some U.S. lawyers charge as much as 40%, but in Canada the fee is typically lower. Lawyers must provide a clear written agreement explaining the percentage, how it’s calculated, and any other deductions. This helps clients fully understand the financial arrangement before moving forward.

Expenses Beyond Contingency Fees

Although clients don’t pay legal fees upfront, there can still be additional costs associated with a mesothelioma claim. In asbestos trust claims, these expenses are usually minimal. For example, if we order medical records, a hospital might charge around $100. Some law firms cover any necessary disbursements during the case and deduct them from the final compensation. Others may require partial reimbursement. At Miskin Law, we explain these details clearly before you sign anything. It’s important to understand what costs may come up and how they’ll be handled.

Benefits of Contingency Fee Agreements

There are several advantages to choosing a contingency fee structure in a mesothelioma lawsuit. First, clients gain access to legal representation without having to pay upfront fees. This reduces financial stress at a time when families are already facing significant expenses. Second, lawyers are motivated to secure the highest possible compensation because their payment is tied directly to the outcome. Third, contingency fees align the interests of the lawyer and client, ensuring that both parties work toward the same goal of achieving a successful resolution.

Provincial Regulations on Contingency Fees

In Canada, contingency fee arrangements are regulated by provincial law societies to ensure fairness and transparency. For example, in Ontario, lawyers must provide written agreements that clearly explain the percentage, how it will be calculated, and whether additional costs are included. Clients must also be informed of their right to review the agreement and seek independent advice before signing. These regulations are designed to protect clients and prevent unfair or excessive fees. Families should always review agreements carefully and ask questions before proceeding.

How Contingency Fees Compare to Other Billing Methods

Contingency fees differ from other billing methods such as hourly rates or flat fees. Hourly billing can quickly become unaffordable in complex cases like mesothelioma lawsuits, where lawyers may spend hundreds of hours gathering evidence and preparing a case. Flat fees, while more predictable, may not reflect the scope of work required for such cases. Contingency fees strike a balance by ensuring that clients only pay if they receive compensation, making them the most practical option for asbestos-related claims.

Examples of How Contingency Fees Work in Practice

To illustrate how contingency fees work, consider a mesothelioma claim that results in a $500,000 settlement. With a one-third (33%) contingency fee, the lawyer would receive $165,000, and the client would receive the remaining $335,000, minus any disbursements such as medical record fees. If no compensation is awarded, the lawyer does not receive a fee. This arrangement allows clients to pursue a claim without upfront costs, and the lawyer shares the financial risk.

Why Legal Representation is Still Essential

Some families may consider handling mesothelioma claims on their own to avoid legal fees. However, without experienced legal guidance, these cases are extremely difficult to win. Mesothelioma lawsuits require detailed medical evidence, expert testimony, and a deep understanding of asbestos history in Canada. Lawyers with experience in this area know how to build strong cases and maximize compensation. Even with contingency fees, families often receive significantly more with legal representation than they would pursuing claims on their own.

Choosing the Right Lawyer for a Contingency Fee Case

When selecting a lawyer for a mesothelioma claim, families should look for experience with asbestos trust claims, a history of successful compensation results, and clear communication about fees. The lawyer should be upfront about the contingency percentage, how any disbursements are handled, and what to expect at each stage. A good lawyer will also show compassion and understand the urgency, given the serious nature of mesothelioma and its impact on families. In Canada, most mesothelioma claims are handled outside of court, not through litigation.

Schedule a Free Consultation with Miskin Law

If you or a loved one has been diagnosed with mesothelioma, you may be entitled to significant compensation. Contingency fee agreements make it possible to pursue justice without financial risk. Miskin Law has extensive experience representing mesothelioma victims and their families in Canada, guiding them through the legal process with clarity and care. Contact Miskin Law today to schedule a free consultation and learn how contingency fees work in your case.