What is a Contingency Fee for a Personal Injury Attorney? [2025 Guide]

A contingency fee is a payment arrangement where a personal injury lawyer only collects an attorney’s fee if they achieve a successful outcome for the client.

Unlike traditional retainer agreements or billing on an hourly basis, this structure allows injury victims to pursue legal action without paying anything upfront.

The attorney’s fee is instead deducted as a percentage of the compensation awarded through a settlement or court verdict.

This model makes legal representation accessible to those who may not have the financial means to cover court costs, expert witness fees, and filing expenses in advance.

Because payment is tied to the successful outcome of the case, attorneys working on a contingent basis are motivated to secure the highest possible recovery for their clients.

Contingency fees are standard in personal injury cases, where victims suffer financial losses due to someone else’s negligence.

The percentage charged varies by case type but typically ranges between 30% and 40% of the final award.

If the case is unsuccessful, the client does not owe the attorney for their time, but they may still be responsible for some out-of-pocket expenses, depending on the terms of the retainer agreement.

This arrangement shifts the financial risk away from injury victims, allowing them to focus on medical recovery and rebuilding their lives instead of worrying about legal fees.

Personal injury attorneys commonly work on a contingency fee in cases involving significant damages and complex liability disputes.

Types of cases typically handled on a contingency fee basis include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Slip-and-fall cases
• Medical malpractice claims
• Wrongful death cases
• Workplace injury cases
• Product liability lawsuits
• Nursing home abuse
• & more

How is the Lawyer’s Percentage in a Contingency Fee Determined?

The percentage a lawyer takes in a contingency fee arrangement depends on the particular case, its complexity, and whether it settles or goes to trial.

Many attorneys use a sliding scale, where the percentage increases if the case requires extensive litigation or a court trial.

For example, a lawyer may take 33% of a settlement but 40% if the case goes to trial, as trials often involve more time, resources, and legal work.

The final percentage is outlined in a contract between the person filing the claim and the attorney before the case begins.

If the lawyer successfully helps the client obtain compensation, their fee is deducted from the total money awarded.

In many cases, attorneys also negotiate with insurance companies to maximize the settlement while keeping the contingency fee fair for the client.

A contingency fee agreement allows injury victims to pursue justice without the burden of paying legal fees upfront.

Unlike criminal cases, where defendants must hire and pay the lawyer regardless of the outcome, personal injury victims only pay if they win compensation.

This arrangement levels the playing field, allowing individuals to sue large corporations, insurance companies, and negligent parties without financial barriers.

It also requires attorneys to assess cases carefully, as their judgment directly impacts their earnings.

Clients benefit because lawyers have a direct interest in securing the highest possible settlement or verdict.

Ethical rules and professional conduct standards require attorneys to explain contingency agreements clearly before clients sign.

Since fees come from the final settlement, victims can focus on recovery instead of worrying about pending legal bills.

By shifting financial risk away from the client, contingency fees make high-quality legal representation accessible to those who need it most.

Key benefits of contingent fees include:

• No upfront legal costs – Victims don’t pay out of pocket while the case is active.
• Access to experienced attorneys – Financial limitations don’t prevent injury victims from hiring skilled legal representation.
• Attorney incentive to win – Lawyers work harder to secure the best possible outcome.
• Reduced financial risk – Clients owe nothing if no compensation is recovered.
• Stronger case evaluation – Lawyers take only cases with a realistic chance of success.
• Legal costs deducted from winnings – Fees are paid from the final settlement or court award.
• Allows victims to focus on recovery – Clients don’t have to worry about legal fees while dealing with their injuries.
• More negotiating power – Attorneys can push for higher settlements without pressuring clients to settle early.

What Happens If My Personal Injury Case is Unsuccessful?

If your personal injury case is unsuccessful, you typically do not have to pay attorney’s fees under a contingency fee agreement.

However, depending on the terms of your contract, you may still be responsible for certain case-related expenses, such as court filing fees, expert witness costs, or deposition fees.

Since lawyers take cases they believe have a strong chance of success, most personal injury claims either settle or result in compensation.

If a case is lost at trial, your attorney may discuss appeal options if there is legal ground to challenge the verdict.

Consulting with a personal injury lawyer before filing a lawsuit helps assess risks and determine the best course of action.

At The Piscitelli Law Firm, we represent individuals who have been injured through no fault of their own in Ohio, providing skilled legal representation on a contingency fee basis.

This means you pay nothing upfront, and our firm only collects a fee if we recover compensation for you.

We handle personal injury claims, including car accidents, wrongful death, and other serious injury cases.

If you have been injured and are unsure of your legal options, our firm is ready to review your case, answer your questions, and guide you through the legal process.

Time limits apply to all personal injury claims in Ohio, so taking action quickly is essential to protect your right to compensation.

Our team gathers evidence, negotiates with insurance companies, and builds strong cases for our clients, always working toward the maximum recovery possible.

Don’t wait to seek legal help—contact The Piscitelli Law Firm today for a free consultation.

Call us now or use the chat feature on this page for a free case evaluation.