Frequently Asked Questions | Personal Injury & Car Wrecks

How does your Fee Structure Work for Personal Injury and Car Wreck Cases?

At Walton Law Firm, we believe in transparency—and that starts with how we get paid. If you’ve been injured in a car wreck, the last thing you need is to worry about upfront legal fees. That’s why we work on a contingency fee basis, which means if you don’t get paid, we don’t get paid.

What is a Contingency Fee?

A contingency fee means our payment is “contingent” on the outcome of your case. Instead of charging by the hour or requiring a retainer upfront, we only collect our fee if we recover money for you, whether through a settlement or a jury verdict.

Our standard contingency fee is 40% of the total recovery, which is industry standard for personal injury cases, especially those that require litigation or go to trial.

Why a 40% Contingency Fee?

At Walton Law Firm, we operate on a contingency fee basis, and our standard rate is 40% of the total recovery—a fee structure that is widely recognized as the industry standard for personal injury litigation.

You might wonder, “Why 40%?”

The answer lies in the significant risk and investment our firm undertakes on your behalf. From the moment we take your case, we assume all the financial burden, including:

  • Hiring expert witnesses, which can cost thousands, or even tens of thousands, of dollars depending on the complexity of the case.
  • Ordering medical records and reports, which can cost hundreds to thousands of dollars per provider.
  • Filing fees, depositions, postage, investigations, trial exhibits, and more.

We don’t ask you to pay anything upfront. If we don’t recover compensation for you, you owe us nothing. That means the risk of financial loss falls entirely on us.

Because we only get paid if you win, our interests are fully aligned with yours—we are motivated to pursue the maximum possible recovery in every single case. The 40% fee reflects not only the financial risk we take on but also the resources, time, and legal expertise we invest to secure the best possible outcome for you.

This structure gives every client—regardless of financial situation—access to experienced legal representation without the burden of upfront costs.

Can You Give Me a Real World Example on how Contingency Fee Works?

Let’s say you’re in a car wreck and we’re able to settle your case for $100,000. Here’s a breakdown of what that might look like:

  • Total settlement: $100,000
  • Attorney’s fee (40%): $40,000
  • Remaining amount: $60,000

From the remaining $60,000, we’ll need to pay any outstanding medical bills or liens and case-related expenses (like medical records or postage). For example:

  • Medical lien from hospital: $5,000
  • Postage, records, expert review fees, etc.: $500

Your final take-home amount would be:
$100,000 – $40,000 (attorney fee) – $5,500 (expenses) = $54,500

Please keep in mind that every case is unique. The example provided is for illustrative purposes only and does not guarantee the value of your individual claim, the amount of any medical expenses or case related expenses.

Do You Provide Cash Advancements on Settlements?

It is important to know that we do not provide cash advances on expected settlement amounts. While we understand that an injury can create financial stress, Alabama law and ethical rules prevent attorneys from acting as lenders to clients.

Attorneys aren’t allowed to lend money to clients, and for good reason. It’s important to keep the lawyer-client relationship focused and professional. If we started loaning money, it could blur the lines and create a conflict of interest. That’s why, outside of our agreed-upon contingency fee, we will not get financially involved beyond handling your case.

What if I want to take my Car Wreck Case to Trial?

From day one, we prepare every personal injury case with the expectation that it could go to trial.

At Walton Law Firm, we are committed to pursuing the maximum compensation for our clients—whether through strategic negotiations with insurance companies or by taking your case before a jury. That said, it’s important to understand that going to trial means the outcome is placed in the hands of strangers. A jury could award more than a settlement offer… or potentially nothing at all.

Our job is to ensure you fully understand the risks and options at every stage so that you can make the decisions that are best for you.

Do I have to pay my Medical Liens and Other Bills from my Settlement?

Under Alabama law, any valid lien must be paid out of your settlement. For example, if your doctor treated you after the accident and you haven’t paid their bill, they can place a lien on your case. That means when your case settles, we are legally required to pay that medical provider from your settlement proceeds before you receive your portion.

We handle this process for you, working to negotiate medical bills down whenever possible to make sure you walk away with as much as you can.

How Does Bankruptcy Affect My Personal Injury or Car Wreck Case?

If you’re currently in bankruptcy, any potential settlement from a personal injury case may be considered part of your bankruptcy estate. That means the bankruptcy trustee could claim some or all of the settlement, depending on your situation and the type of bankruptcy filed. However, certain portions—like compensation for future medical care or pain and suffering—may be protected. It’s crucial to let both your attorney and bankruptcy trustee know about your case as early as possible, so we can work together to protect your rights and maximize your recovery.

Do I Have to Pay Taxes on My Personal Injury Settlement?

In most cases, you do not have to pay taxes on personal injury settlements related to physical injuries or medical expenses. Compensation for pain and suffering, lost wages due to injury, and medical bills is typically non-taxable. However, if your settlement includes interest or punitive damages, those amounts may be subject to taxation. Always consult with a tax professional for guidance on your specific case.

How Long Will My Case Take?

Every personal injury case is unique, so there’s no exact timeline we can give upfront. Some cases resolve in just a few months, while others, especially those involving serious injuries or going to trial, can take a year or more.

A major factor is how long you’re actively treating for your injuries. We don’t typically begin settlement negotiations until your treatment is complete or we have a clear understanding of your long-term medical needs. Other things that can affect your timeline include the availability of medical records, insurance company delays, and whether a lawsuit has to be filed.

Our goal is to move your case forward as efficiently as possible without ever compromising the value of your claim. We’ll keep you informed every step of the way.

How Long do I Have to File a Claim?

In most personal injury and car wreck cases in Alabama and Georgia, the statute of limitations is two years from the date of the accident, but that can vary depending on the circumstances.

Different deadlines may apply if your claim involves a state or federal agency, a city or county board of adjustment, or other government entities. Some of these claims require formal notice within just a few months.

To protect your rights and avoid missing critical deadlines, it’s important to contact Walton Law Firm for a free case review as soon as possible. We’ll help determine which deadlines apply to your specific case.

Frequently Asked Questions | Criminal Defense, DUI & Public Intoxication

Where do you handle Criminal Defense Cases?

Walton Law Firm handles criminal defense cases exclusively in Alabama, serving Lee, Chambers, Macon, and Tallapoosa counties only.

Please note: We do not accept any criminal cases involving alleged victims who are minors.

If you’ve been charged with a crime in Auburn, Opelika, Valley, Lafayette, Tuskegee, or the Dadeville Lake Martin area, contact us today to schedule your FREE confidential consultation.

How Much Is a Criminal Defense Consultation?

For a limited time, Our legal consultations for criminal defense cases are completely free. We’ll review the charges, explain your options, and discuss next steps, no obligation required.

Contact us today to schedule yours.

What Is Your Retainer Fee for Criminal Defense?

At Walton Law Firm, we believe in transparency and fairness from the very beginning, no bait and switch, no vague pricing. While every criminal case is unique, our retainer fees typically start at $2,500.00 for misdemeanors and $5,000.00 for felonies. However, your exact quote will be provided during your free consultation.

We know that quality legal defense requires time, experience, and dedication, and we price our services accordingly. When your freedom and future are on the line, you need a legal team that knows how to deliver results.

We also offer financing options through LawPay via Affirm, giving you flexibility to move forward. Please note: all financing is subject to approval based on Affirm’s lending guidelines.

Do You Handle Felony Charges?

Yes. Trip Walton and his criminal defense team at Walton Law Firm have extensive experience handling felony charges across East Alabama, including drug offenses like trafficking, assault charges, theft, white collar crimes, and other serious crimes.

As a former Assistant District Attorney and City Prosecutor, Trip brings a unique perspective from both sides of the courtroom. This insight gives our clients a strategic advantage in building the strongest possible defense.

Trip has successfully defended thousands of individuals charged with felony and misdemeanor crimes and is known for his aggressive, trial-ready approach.

Do You Handle DUI Charges?

Yes. We represent clients charged with misdemeanor and felony DUI offenses in Lee, Chambers, Macon, and Tallapoosa counties. Whether it’s a first offense or an aggravated DUI, Walton Law Firm fights to protect your license, your record, and your future.

Trip Walton, a former Assistant District Attorney and City Prosecutor, has unique insight into how DUI cases are prosecuted—and how to challenge them. His experience has helped him defend thousands of clients charged with DUI and other serious offenses.

He is also an active member of the National Association of Criminal Defense Lawyers (NACDL) and has been consistently ranked among the top criminal defense lawyers in Alabama.

What is Pre-Trial Diversion?

Pre-trial diversion, sometimes called deferred prosecution, is a program that allows eligible first-time offenders to avoid a criminal conviction by completing certain conditions, like classes or community service. If completed successfully, your charges may be dismissed.


Our criminal defense team will evaluate whether diversion is an option in your case and walk you through the process.

Can You Help if I Have a Warrant?

Yes. If you believe there’s a warrant for your arrest in Alabama, it’s important to act quickly. We can confirm the warrant, advise you on your legal options, and work to arrange a surrender or bond hearing if needed.

Don’t wait, contact us immediately.

Can You Help Me If I’m Already in Jail or Don’t Have Bond?

At this time, Walton Law Firm does not represent individuals who are currently incarcerated and unable to make bond or bail. We understand how difficult this situation can be, but we are only able to step in once you have been released from custody.

If you or a loved one has recently been released and needs experienced criminal defense representation in Lee, Chambers, Macon, or Tallapoosa County, contact us for a free consultation.

Will I Have to go to Court?

In most criminal cases, you will need to appear in court, but we’ll guide you through every step of the process

Can I Seal or Expunge My Criminal Record in Alabama?

Possibly. Alabama now allows certain non-violent criminal records to be expunged or sealed under specific conditions. If you’re eligible, we can help file the appropriate paperwork to clean up your record.

What Should I Bring to My Criminal Defense Consultation?

Please bring any court paperwork, bond information, warrants, or tickets you’ve received. If you were arrested, any documents from the jail or court clerk are helpful. We’ll review everything during your free consultation.