Many injury lawyers advertise a free consultation and "no fee unless we win." Both can be real, but neither means the whole process is free. Here is what the words usually mean and what to ask.
Free consultation
A free consultation is a first meeting, often by phone or video, where a lawyer listens to what happened and tells you whether they can help. It does not mean they have agreed to take your case. You should get an honest view of your options and the filing deadline.
No fee unless you win
- Under a contingency agreement, the attorney fee is a percentage of any recovery.
- If there is no recovery, you generally owe no attorney fee.
- Case costs, such as records, filing fees and experts, are separate and may be repaid from your share or owed regardless, depending on the agreement.
- The percentage may increase if the case goes to trial.
Questions to ask
- What percentage do you charge at each stage?
- Who pays case costs if we lose?
- Are costs deducted before or after your percentage?
- How are medical bills and liens handled?
- May I have the agreement in writing before I sign?
Free legal help for people who qualify
If you have low income, legal aid organizations and law school clinics may help with some injury and insurance issues, though injury cases are usually handled by contingency lawyers. See our guide to free and low-cost legal help.
Red flags
- Guarantees of a specific payout.
- Pressure to sign immediately.
- Someone who contacts you uninvited at the hospital or right after the crash in places where that is restricted.
- Vague fees or refusal to put terms in writing.
- Referral services that collect your information and sell it. Law Pebble does not refer lawyers or accept referral fees.
Frequently asked questions
Is a free case review the same as hiring a lawyer?
No. You are not a client until you sign an agreement.
Can a lawyer take a case with a small claim?
Some do, but many prefer larger injury cases. For small claims you may need a flat-fee lawyer or small claims court.
Can I get a second opinion?
Yes. Compare at least two consultations.