The contingency fee is where things get tricky, both for the lawyer and the client. For the client, there is no financial risk, and maybe if the lawyer can land a settlement that is 33.3% larger than otherwise, the client may be getting a free ride. Of course, if the settlement is just right, or too low, than 33.3% is a big chunk.

But the biggest problem comes if you look at it from the lawyer's side. Assume the lawyer has been able to sign up a reasonable stable of contingency cases. Then how should he/she spend available hours in the day? Clearly they should be devoted to pushing forward those cases with the greatest likely return of for the least possible effort. If yours is one of those cases, great. But if not, then rationally the lawyer should just leave it to simmer along, ultimately accepting more or less what the insurance company offers.

For their part, the insurance companies know the situation of the lawyer and victim, and clearly will not roll out the $$ unless there is a good reason to do so. In addition, despite the tales of huge settlements, in cases of "soft tissue" injuries that do not involve significant life long disabilities, they typically will make only very modest offers. So unless your lawyer has the time and inclination to turn up the heat - your pain and suffering will not get much recognition.

The alternative is to pay a lawyer directly by the hour. Only then will you be able to request vigorous and prompt action and get it. It's a risky route, of course. But if you have the resources and resent what the motor vehicle/driver did to you enough, it's the real way to go.