OUR FEES.
At Porcelli D’Angela LLP, we understand that you may not have the financial resources to fight for the compensation you deserve following an accident. Lawsuits in Ontario can be a long, time-consuming process. Lawsuits are also expensive.
That’s why our firm accepts clients on a contingency basis. This means that you do not pay unless you recover money from your lawsuit.
What is a contingency fee?
In Ontario, a contingency fee agreement is a financial arrangement where legal fees are only payable if the lawyer successfully resolves the case, typically through a settlement or court award. The fee is usually a percentage of the amount recovered after deducting disbursements. This ensures that you do not have to pay, and you will not be expected to pay upfront costs upon retaining the firm. This type of agreement is designed to provide access to legal services for those who may not be able to afford them otherwise. In Ontario, contingency fee agreements must comply with the Solicitors Act and the guidelines provided by the Law Society of Ontario. For more information about the contingency fee agreement used in Ontario, please visit: https://lso.ca/lawyers/practice-supports-and-resources/topics/managing-money/fees-and-disbursements/contingency-fees.
At Porcelli D’Angela LLP, our fee for personal injury matters is 30% of your settlement plus HST upon settlement before trial commences. The fee charged does not include disbursements, which are an additional cost.
What are disbursements?
In Ontario, disbursements refer to the various expenses that a lawyer pays on behalf of a client during legal proceedings. This is different from a lawyer’s fee. Disbursements are incurred to help advance your claim for compensation. Disbursements can include the following:
Fees to start a lawsuit.
Costs to serve parties with pleadings as required by the Rules of Civil Procedure.
Expert reports from various disciplines such as engineers, accountants or medical specialists.
Costs to obtain medical records, an OHIP summary or a police investigation file.
Costs incurred for postage, photocopies and courier charges.
Disbursements are an additional expense and are not included in the firm’s contingency fee. Disbursements may be subject to HST. In Ontario, most disbursements may be paid by the at-fault party upon settlement or by order of the court.
How do you calculate your fee?
The following is an example of how our fee is calculated on a settlement of $100,000 plus costs and disbursements. Typically, the insurer will agree to pay 15% of the damages in costs, which would total $15,000. For this example, let us assume disbursements are $5,000, which the insurer will usually pay. Our firm does not assess its fee with disbursements included.
Total Settlement Offer - $120,000
Fees of the firm - $120,000 - $5,000 = $115,000 x 30% = $34,500
HST on fees - $34,500 x 13% = $4,485
Client receives – $120,000 - $5,000 - $38,985 = $76,015