How Contingency Fees Work
Most personal injury lawyers, and many employment and some other lawyers, work on contingency: they get paid only if you recover money, and their fee is a percentage of what you recover. It lets people with no money up front hire experienced lawyers, and it gives the lawyer a reason to maximize your recovery.
Typical percentages
A common range is about 33% to 40% of the recovery. Many agreements use a sliding scale, for example one-third if the case settles before a lawsuit is filed and a higher percentage if it goes into litigation or to trial, because that takes much more work. Some areas have legal limits: workers' compensation fees and Social Security disability fees are capped by law, and some states cap fees in medical malpractice cases.
Fees vs. costs
These are different, and the difference matters:
- The fee is the lawyer's percentage.
- Costs are the expenses of the case: filing fees, medical records, expert witnesses, depositions, investigators. In a serious case they can run into the thousands or more.
Most firms advance the costs and get repaid from the recovery. Ask two things: whether you owe the costs if you lose (many firms waive them, but not all), and whether the percentage is calculated before or after costs are deducted.
A worked example
Say your case settles for $90,000, with a 33⅓% fee, $5,000 in costs, and a $10,000 health-insurance lien:
- Fee calculated before costs: $30,000 fee, then $5,000 costs and $10,000 lien leaves $45,000 for you.
- Fee calculated after costs: $85,000 × ⅓ = about $28,333 fee, leaving about $46,667 for you.
Small wording, real money.
Questions to ask before you sign
- What's the percentage, and does it change if the case is filed or goes to trial?
- Is the fee taken before or after costs?
- Who pays costs if we lose?
- Will you negotiate medical liens down?
- Who will actually work on my case day to day?
- Can I get a written closing statement showing every deduction?
Contingency agreements must be in writing in most states. Read it, and don't sign on the spot if you're pressured.
Is it negotiable?
Sometimes. A case with clear liability and big damages that's likely to settle quickly may justify a lower percentage. It never hurts to ask.
Find a personal injury lawyer near you; most offer a free case review. Related: what your case may be worth.
This guide is general information, not legal advice. Fee rules vary by state and practice area.