Hyman, Black and Silver, ‘The Economics of Plaintiff-Side Personal Injury Practice’

Abstract:
Little is known about the economics of plaintiff-side law firms, which typically work on a contingency fee basis. We begin here to fill that gap. We report on the fees received by 124 plaintiff-side personal injury firms located in four states (Illinois, Texas, and two additional undisclosed states). At all of the firms, cases with modest fees may help to keep the lights on, but occasional ‘blockbuster’ cases account for an overwhelming percentage of earned fees. A one-third contingency fee is the most common arrangement but is not always collected ex post; when recoveries are low, firms often reduce or waive their fee. We also estimate the impact of various statutory contingency fee caps on these firms; the effect varies, depending on cap design and case-mix. But, many contingency fee caps dramatically affect the economics of plaintiff-side personal injury practice.

David A Hyman, Bernard Black and Charles Silver, The Economics Of Plaintiff-Side Personal Injury Practice, [2015] University of Illinois Law Review 1563.

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