Contingency Fees – You Don’t Pay Unless We Recover for You
In personal injury cases, attorneys typically work on a contingency fee basis. This means their compensation is a percentage of the money recovered on your behalf (usually between 33% and 40%) and they only earn a fee if your case is successful. The exact percentage will be clearly stated in your written fee agreement.
The cost of hiring a personal injury lawyer can vary based on a number of factors, including the complexity of the case, the amount of time required to resolve it, and the expenses involved in building your claim. A reputable attorney should explain the fee arrangement at your initial consultation, including what expenses may arise, how unexpected costs are handled, and what your financial obligations are in the event of both a win or a loss. Understanding these details upfront is essential to making an informed decision before signing a representation agreement.
At Rice Law, we use a straightforward contingency fee model. You pay nothing upfront, and you owe nothing unless we win compensation for you. Our belief is simple: quality legal representation should be accessible to everyone, and our clients shouldn’t face financial barriers when seeking justice.
Understanding Contingency Fees
A contingency fee is the most common payment structure in personal injury cases. A “contingency” refers to something that depends on a future, uncertain event—in this case, the outcome of your claim. Under this arrangement, your lawyer’s fee is determined entirely by whether they successfully secure compensation for you. If the case is unsuccessful, you owe no attorney’s fee. Phrases like “No fee unless we win” are indicators that a firm uses this structure. For Rice Law this is how all our Plaintiffs’ personal injury matters are handled: if you don’t get paid, neither do we.
Keep in mind, however, that some contingency agreements require a client to pay case-related expenses even if the attorney’s fee is waived after an unsuccessful outcome. These costs are separate from the attorney’s fee and may include expenses such as medical record retrieval, filing fees, investigations, or travel. Before signing a contract, always confirm whether you will be responsible for any costs if the case does not result in a financial recovery.
How Attorneys Calculate Contingency Fees
A contingency fee is a percentage of the final settlement or trial award. Most attorneys set their fee between one-third and 40% of the total compensation. For instance, if your case settles for $100,000 and your fee agreement specifies a 38% contingency fee, the attorney’s fee would be $38,000.
Because lawyers working on contingency assume the risk of receiving no compensation—and often advance substantial case expenses—the unique circumstances of each case can impact the percentage charged. Examples include:
- Disputed liability: If the parties disagree about who caused the accident, additional investigation may be needed.
- Complex injuries: Pre-existing medical conditions or unclear causation may require expert testimony or additional documentation.
- Limited evidence: Lack of eyewitnesses or official reports can increase the complexity and cost of proving the claim.
- Litigation or trial: If a lawsuit must be filed, or if the case proceeds to trial, many attorneys increase the contingency percentage due to the additional work involved. This is sometimes known as a sliding-scale fee.
Your written agreement should state the exact percentage, whether it changes if a lawsuit is required, and how costs and expenses will be handled.
Other Common Legal Fee Structures
Although contingency fees are the norm in personal injury cases, other practice areas (for non-Plaintoff’s personal injury matters) that we handle use different billing methods, such as:
Flat Fees
A fixed fee for predictable, straightforward legal tasks, such as drafting a will, handling an uncontested divorce, or resolving a minor traffic citation.
Hourly Billing
An attorney charges per hour and bills the client based on the time spent on each task. Rates may vary depending on the type of work involved—for example, appearing in court typically carries a higher rate than providing general legal advice.
Retainer Fees
An upfront deposit paid to secure legal representation. The lawyer bills against this retainer as work is completed. Retainers are common in hourly-fee arrangements.
Frequently Asked Questions
Will the at-fault party pay my attorney fees?
Generally, each person is responsible for their own lawyer’s fees. However, some states allow a court to order the liable party to pay the opposing side’s attorney’s fees under specific circumstances.
What costs might I be responsible for in a contingency fee case?
Your fee agreement will list what expenses you may be responsible for. Typical case costs include:
- Medical record and police report fees
- Travel costs for witness interviews, depositions, or court appearances
- Expert testimony and witness fees
- Court filing fees and other litigation-related expenses
- Trial preparation costs, including demonstrative exhibits, video editing, and technical support
These costs are separate from the attorney’s fee and may or may not be owed in the event of a loss, depending on your agreement.