With Kerala witnessing a steady rise in road accidents, the demand for accident claim lawyers has spiked, bringing the issue of legal fees into sharper focus. While accident victims or their families seek timely compensation, many are unaware of how lawyer fees are structured in such cases — a gap that often leads to exploitation or confusion.
Rising Accidents, Rising Claims
Kerala recorded over 33,000 road accidents in 2024, according to data from the state’s Motor Vehicles Department, with over 4,000 fatalities. Many of these victims — or their dependents — file for compensation under the Motor Vehicles Act, 1988, particularly Section 166 (fault liability) and Section 163A (no-fault liability).
This has created a booming market for accident claim lawyers, especially in districts like Ernakulam, Kozhikode, and Thiruvananthapuram.
How Lawyer Fees Are Structured
In Kerala, as in other parts of India, there is no fixed statutory cap on the fees lawyers can charge in accident claim cases. However, standard practices have evolved, largely guided by Bar Council rules, court ethics, and informal consensus. The fee models include:
1. Contingency Fees (Commission-Based)
The most common practice is a contingency fee model, where the lawyer charges a percentage of the final compensation awarded. Typically, this ranges from 10% to 30% of the claim amount.
However, under Bar Council of India rules, charging fees contingent upon success is technically barred, as it can lead to unethical practices. Despite this, the practice continues informally.
2. Fixed Fees
Some lawyers, especially those practicing in smaller towns or working with NGOs, charge a fixed fee upfront for filing and managing the claim, which may range from ₹10,000 to ₹50,000 depending on the case’s complexity.
3. Court-Ordered Costs
In certain cases, courts also award legal costs as part of the claim, especially where the lawyer represents the claimant through a Legal Services Authority (DLSA/SLSA) panel.
Legal Aid for the Needy
The Kerala State Legal Services Authority (KELSA) provides free legal services for eligible victims, including:
- Persons below the poverty line,
- Scheduled Castes/Scheduled Tribes,
- Women and children,
- Victims of disasters or natural calamities.
Under this scheme, lawyers are paid by the State and not by the claimant, ensuring access to justice for economically weaker sections.
Common Complaints: Hidden Charges and Delayed Payments
Several accident victims have complained about:
- Lack of transparency in fee agreements,
- Lawyers withholding large portions of compensation,
- Delays in transferring the awarded sum to clients.
“In one case in Alappuzha, the advocate allegedly withheld ₹2 lakh from a ₹7 lakh claim without a clear breakdown,” said a retired judicial officer.
To tackle such cases, victims can approach:
- Bar Council of Kerala (for professional misconduct),
- District Legal Services Authority (for complaints against legal aid lawyers),
- Consumer Courts, if treated as a service dispute.
Expert Opinion: Need for Regulation
Legal experts argue that while accident lawyers provide crucial services, fee regulations are overdue.
“Given the number of vulnerable claimants involved, Kerala should consider introducing state guidelines or fee ceilingsfor accident claims, similar to how legal fees are regulated in consumer courts,” said Advocate T.S. Harish, a Kochi-based accident claims expert.
Conclusion
As accident claims rise in Kerala, accident victims and their families must tread carefully while selecting legal representation. Transparency in fee arrangements, awareness about free legal aid, and timely grievance redressal are critical to ensuring justice is neither delayed nor diluted.
Read More: Centre to Supreme Court: Entire Bet Amount Must Be Taxed Under GST for Online Gaming
