After a crash, many people assume they can't afford a lawyer. Hourly legal bills sound expensive, and you may already be missing work and paying medical bills. That is exactly why most personal injury attorneys work on contingency. This guide explains how it works.
Accident Claim Check is not a law firm and does not set attorney fees. Each independent attorney sets their own terms.
What is a contingency fee?
A contingency fee is a fee that depends on the outcome of your case. Instead of billing by the hour, the attorney agrees to take a percentage of any money recovered — through a settlement or a court award. If there is no recovery, there is generally no attorney fee.
That is what people mean by "no fee unless we win." It lets injured people get legal help without paying up front.
How is the fee calculated?
As a percentage of the recovery. The percentage is set out in a written fee agreement. It varies by attorney, by state and sometimes by how far the case goes — for example, a higher percentage may apply if a lawsuit is filed or a case goes to trial. Some states limit what attorneys can charge in certain cases.
Because these terms differ, the most important step is simple: ask the attorney to explain their percentage in writing before you sign.
What are case costs?
Case costs are the expenses of pursuing a claim — separate from the attorney's fee. They can include:
- Court filing fees
- Fees for medical records and police reports
- Expert witness fees
- Deposition and court reporter costs
- Postage, copying and investigation costs
Many attorneys advance these costs and are repaid from the recovery. Agreements differ on two key points:
- When costs are deducted — before or after the percentage is calculated. This can change how much you take home.
- Who pays costs if there is no recovery — some attorneys absorb them; others may ask you to repay.
What else might come out of a settlement?
Medical liens and repayment claims. If your health insurer, Medicare, Medicaid or a hospital paid for treatment, they may have a right to be repaid from your settlement. Attorneys often negotiate these amounts. Ask how this will be handled in your case.
Why do attorneys work on contingency?
It aligns their interest with yours. The attorney is paid only if they recover money, so they have a reason to build a strong claim and avoid cases they don't believe in. It also makes legal help available to people who could never afford hourly rates.
Questions to ask before you sign
- What percentage do you charge, and does it change if a lawsuit is filed or the case goes to trial?
- Are costs deducted before or after your percentage?
- Who pays costs if there is no recovery?
- Who will actually handle my case day to day?
- How often will you update me, and how do I reach you?
- How will medical bills and liens be handled?
- Can I get a copy of the agreement to read before signing?
A good attorney will welcome these questions.
Is the first consultation free?
Usually. Most personal injury attorneys offer a free consultation to review your situation and explain your options. You are not obligated to hire them.
How does Accident Claim Check fit in?
We are a free matching service, not a law firm. We connect you with independent attorneys in your state. Attorneys in our network may pay us a marketing fee; you never pay us, and our fee does not change what the attorney charges you. Read how it works.
The bottom line
You probably can afford to talk to a personal injury lawyer. Most work on contingency and offer free consultations. Read the fee agreement carefully, ask about costs, and choose someone you trust. Not sure if you need one? Read do I have a car accident case?, check our after-accident checklist, or start a free case review.