If you’ve been injured in an accident and are ready to open a personal injury case, there are only two documents you truly need to get started: an attorney-client agreement (contingency fee contract) and a HIPAA authorization form. These two items form the foundation of your legal representation — and it’s important to understand exactly what you’re signing.
1. The Contingency Fee Agreement
Most personal injury lawyers in Illinois — including our firm — work on a contingency fee basis. That means you pay nothing up front, and the attorney only gets paid if you recover money through a settlement or verdict.
At our office, the terms are simple and standard for the Illinois area:
- 33.3% of any settlement if no lawsuit is filed.
- 40% if a lawsuit or arbitration is required.
- No fees at all if we don’t recover money for you.
These terms are common and reasonable. Be cautious if another attorney charges more than this, or suggests billing you by the hour for your personal injury case. Hourly billing in injury cases is not typical and can leave you with tens of thousands of dollars in legal fees, even if your case doesn’t result in a win. If someone proposes this arrangement, consider getting a second opinion before signing.
Also, be aware that case-related costs (like court filing fees or medical record charges) are usually reimbursed to the lawyer from your share of the settlement — not something you typically pay out-of-pocket during the case.
2. The HIPAA Authorization Form
To pursue your claim, your attorney needs to gather medical records and bills related to the injury. That’s where the HIPAA form comes in — it gives your legal team permission to request this information.
But read it carefully. You have the right to limit what types of records your lawyer can access. For example:
- If you’ve received mental health treatment unrelated to your injury, you can and should restrict access to those records.
- Only authorize the release of records relevant to your claim (such as treatment from the accident date forward).
Being thoughtful about the scope of the release protects your privacy while still giving your lawyer the tools needed to fight for your compensation.
Final Thoughts: Don’t Be Afraid to Ask Questions
These two documents — the contingency fee contract and the HIPAA release — are all you need to get started. They’re straightforward, but they’re also legally binding. Take the time to ask questions, get clarity, and make sure you’re comfortable.
Being smart at the beginning of your case can save you a lot of stress later on.
Looking for a Personal Injury Lawyer?
If you’ve been hurt and don’t know where to start, we’re happy to help. At the Law Offices of Mark Vajdik, we offer free consultations — no pressure, no obligation. We’ll review your case, answer your questions, and help you understand your options before you sign anything.
Call us at (312) 883-9500 or visit www.MVPInjuryLaw.com to schedule your free consultation today.
