Most car accident lawyers work on contingency, which means you pay no attorney fee unless you recover money. The fee is a percentage of the recovery, and case costs are a separate issue.
How the fee works
Under a contingency agreement the lawyer takes an agreed percentage of any settlement or award. A common structure is about one third if the case settles before a lawsuit and a higher percentage, often around 40 percent, if it goes to trial, though the numbers are negotiable and vary by lawyer and state.
Costs are separate
- Court filing fees and fees for records.
- Expert witnesses and accident reconstruction.
- Medical record and deposition costs.
- Ask whether costs are subtracted before or after the percentage is calculated, and whether you owe them if you lose.
Other billing models
Some lawyers bill hourly or a flat fee for limited help, such as reviewing an offer or sending a demand letter. This can make sense for small property-damage disputes where a percentage fee would not be practical.
Questions to ask
- What percentage do you charge at each stage?
- Who pays case costs if we lose?
- Will you handle liens and medical bills?
- Who will work on my case day to day?
- May I have the agreement in writing before I sign?
Frequently asked questions
Is the first consultation free?
Many injury lawyers offer free consultations. Confirm when you call.
Do I owe anything if I lose?
Usually no fee, but costs may still apply depending on the agreement.