How Does a Contingent Pay Structure in a Personal Injury Case Work?

What exactly is a contingent pay structure?

With a contingent pay structure, also known as a contingency fee agreement, an attorney agrees to take on your personal injury case for a percentage of any compensation awarded, and only receives attorney’s fees contingent on whether your case is resolved successfully. You pay no upfront legal fees to your attorney.

Does a contingent pay structure benefit you?

In general, yes, it benefits you as the plaintiff, particularly if you cannot afford to pay an attorney out of pocket. Those up-front costs can be extensive.

A contingency fee is a gamble for the attorney, as they receive no compensation if the personal injury case is ultimately unsuccessful—for that reason the attorney has a personal stake in ensuring you win your case.

What is the downside to a contingent pay structure?

The downside, of course, is that should you prevail in your case, your lawyer will be entitled to a percentage of the awarded compensation. The percentage varies from lawyer to lawyer and can be based on several factors, including:

  • The experience of the attorney
  • The complexity of the case, and how many hours are required to present your case
  • The amount of compensation asked for
  • Whether the case goes to trial or is settled beforehand

Other potential fees

If you do receive compensation, there are other expenses besides your lawyer’s percentage that may be paid out of your settlement, such as expert witness fees, medical record costs, court costs, and others.

When hiring a personal injury lawyer…

Discuss contingent pay structures up front, so there are no surprises. Be sure the attorney you choose is an experienced personal injury lawyer with the staff and resources necessary to represent you and recover suitable compensation.

If you or a family member has a personal injury claim, contact the attorneys at LaSalvia Law. We will fight to win you the compensation you deserve.

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You can expect to hear from Christine 1-2 days after submitting your inquiry.

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Pay nothing up front. No fee until your case is settled or tried to a jury.