One of the biggest misconceptions about hiring a personal injury attorney is that it is expensive. In reality, virtually all personal injury attorneys work on a contingency fee basis, meaning you pay absolutely nothing upfront. The attorney only gets paid if they win your case, and their fee comes from the settlement or verdict -- not from your pocket.
This arrangement ensures that anyone can access quality legal representation regardless of financial situation. It also aligns the attorney's incentives with yours: they earn more only when you earn more. Attorneys in our network* work exclusively on contingency. *Past results do not guarantee future outcomes.
How Contingency Fees Work
When you hire a personal injury attorney on contingency, you sign a fee agreement specifying the percentage the attorney will receive from any settlement or verdict. The standard contingency fee is 33.3% (one-third) if the case settles before a lawsuit is filed and 40% if the case goes to litigation or trial.
For example, if your case settles for $150,000 before litigation, the attorney receives $50,000 (33.3%) and you receive $100,000 (minus any case costs). If the same case settles during litigation for $200,000, the attorney receives $80,000 (40%) and you receive $120,000.
The higher percentage for litigation reflects the additional work, risk, and expense the attorney incurs when filing a lawsuit. Depositions, expert witnesses, court fees, and trial preparation require significant resources that the attorney advances on your behalf.
Attorney Fees vs Case Costs
It is important to distinguish between the contingency fee and case costs. The contingency fee is the attorney's compensation for their time and expertise. Case costs are out-of-pocket expenses incurred during your case, such as filing fees ($200 to $500), medical record retrieval ($25 to $200 per provider), expert witness fees ($2,000 to $10,000), deposition costs ($500 to $3,000 per deposition), accident reconstruction ($3,000 to $15,000), and postage, copying, and travel.
Most personal injury attorneys advance all case costs and deduct them from your settlement at the end. If you do not win, many attorneys absorb these costs entirely. Read your fee agreement carefully to understand how costs are handled.
Total costs for a case that settles without litigation are typically $1,000 to $3,000. Cases that go to trial can incur costs of $10,000 to $50,000 or more, advanced by the attorney.
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Is Hiring an Attorney Worth the Fee?
The data overwhelmingly says yes. The Insurance Research Council found that accident victims with attorneys receive settlements 3.5 times higher on average than those without attorneys. Even after deducting the attorney fee, represented claimants take home significantly more.
Example: Without an attorney, you settle your car accident claim for $25,000 and keep the full amount. With an attorney, the same claim settles for $75,000. After a 33% fee ($25,000), you keep $50,000 -- double what you would have received on your own.
The attorney also handles all insurance communication (reducing your stress), identifies all sources of compensation you might miss, negotiates medical liens to increase your net recovery, and provides the expertise to take your case to trial if necessary.
Free Consultation, No Fees Unless You Win
Attorneys in our network* charge nothing unless they recover compensation for you. The initial consultation is free and comes with no obligation.
Call (267) 212-1034 today to discuss your case at no cost.
*Past results do not guarantee future outcomes.
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The standard contingency fee is 33.3% (one-third) for cases that settle before litigation and 40% for cases that require filing a lawsuit or going to trial. Some attorneys charge sliding scales based on the stage of the case. Fee percentages may be regulated by state law in certain types of cases.
Under a contingency fee arrangement, you owe no attorney fees if your case is unsuccessful. Most attorneys also absorb the case costs if you do not win, though this varies by firm. Read your fee agreement to understand the specific terms.
No. Contingency fee attorneys do not charge retainers, hourly fees, or upfront costs. All expenses are advanced by the attorney and recovered from your settlement if your case is successful.
Some attorneys are open to negotiating their percentage, particularly for high-value cases where the settlement is expected to be large. It never hurts to ask. However, focus on the attorney's skill and track record rather than trying to save a few percentage points on fees.
Typical deductions include the attorney's contingency fee, case costs (filing fees, expert witnesses, medical record retrieval, deposition costs), and medical liens or subrogation claims. Your attorney should provide a detailed settlement statement showing all deductions before you receive your check.
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(267) 212-1034*Past results do not guarantee future outcomes.