Understanding Contingency Fees in Personal Injury Cases

When you’ve been injured in an accident, one of the first questions you might ask yourself is: “How can I afford a lawyer?” The good news is that in personal injury law, most attorneys work on what’s called a contingency fee basis, which means you don’t pay unless your case is won. This means you can focus on your recovery without the added stress of legal fees.

What Is a Contingency Fee?

A contingency fee is a payment arrangement where the attorney’s fee is a percentage of the money recovered in your case—whether through a settlement or during litigation. This system is designed to be fair, ensuring that you only owe attorney’s fees if your lawyer successfully recovers compensation on your behalf.

Simply put: No win, no fee. 

How Does It Work?

  • Initial Consultation: Most personal injury attorneys offer free consultations, so you can discuss your case without financial risk.
  • Case Costs: The firm may cover upfront expenses like filing fees, expert witnesses, or accident reconstruction, which are reimbursed if your case is successful.
  • Percentage Agreement: Typically, the attorney will take a set percentage (often between 33.33% and 40%) of the recovery. This percentage may vary depending on whether your case settles early or proceeds to litigation.

Why Is This Important for Clients?

  • Contingency fees open the door for anyone to hire a lawyer, regardless of financial situation. This means that justice is not just for the wealthy, but for everyone who has been wronged.
  • Aligned Interests: Your attorney only gets paid if you do, so they’re motivated to fight hard for the best outcome.
  • Reduced Risk: If your case isn’t successful, you generally owe nothing for attorney’s fees.

What Should You Ask Your Attorney?

Before signing a contingency fee agreement, be sure to ask:

  • What percentage will you take if the case settles? If it goes to litigation?
  • Who pays case costs if the case is not successful?
  • How will expenses be deducted from the final settlement?

The Takeaway

After an accident, the last thing you should worry about is how to pay for legal help. With a contingency fee arrangement, you can focus on healing while your attorney handles the fight with insurance companies. At Elmm Law Group, we’re committed to making sure everyone has access to justice—without upfront costs or added financial stress.

If you’ve been injured, don’t wait. Reach out today to learn how contingency fees can make high-quality legal representation accessible for you.