How contingency fees work for accident claims

What a contingency fee is

Most accident lawyers do not charge by the hour. Instead, they work on contingency: their fee depends on the outcome. If they recover money for you, through a settlement or a verdict, the fee is an agreed share of it. If they recover nothing, you owe no fee.

This lets people bring a claim without paying a lawyer up front. It also means the lawyer has a reason to take cases they believe in and to push for a fair result.

How the fee is set

The fee is a percentage written into a fee agreement that you sign before the lawyer starts. The percentage is agreed between you and the firm, and some agreements use a different percentage depending on how far the case goes, for example whether it settles early or goes to trial.

Ask the firm to explain its percentage and when it changes. A good firm will walk you through it plainly and answer every question before you sign.

Case costs are not the fee

Bringing a claim costs money apart from the lawyer's time. These are case costs, and they can include:

• Court filing fees and fees to serve papers.
• Copies of police reports and other records.
• Expert reviews, such as an accident reconstruction.
• Depositions and their transcripts.

Who pays the costs, and when

Many firms pay case costs as the case goes and take them back from the recovery at the end. The agreement should say whether costs come out before or after the fee is calculated, because that changes what you receive.

It should also say what happens to costs if there is no recovery: whether you owe them or the firm absorbs them. This is the part of the agreement people most often skip, so read it closely.

Questions to ask before you sign

You are hiring someone to work for you, so it is fair to ask questions. A few that help:

• What is the percentage, and does it change if the case goes to court?
• Are costs taken out before or after the fee is calculated?
• Do I owe any costs if there is no recovery?
• Who will handle my case day to day, and how will you keep me updated?
• Can I have a copy of the signed agreement?

How CaseHelp fits in

The CaseHelp case check, the call and the introduction to a partner law firm are free to you. If you have a claim, the independent partner firm explains its own fee agreement, and you decide whether to sign it. There is no obligation, and you can ask for a different firm.

CaseHelp is not a law firm and does not set the firms' fees. Hiring a lawyer is an important decision, so take the time you need.

Accident guides

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Frequently asked questions