How Contingency Fees Work

The basics

With a contingency fee, your attorney is paid a percentage of the money recovered for you, through a settlement or a verdict. If there's no recovery, you don't owe a fee. This lets people pursue a claim without paying anything upfront.

Fees vs. costs

Fees pay for the attorney's work. Costs are case expenses, like filing fees, medical records and expert witnesses. Ask how costs are handled: whether the firm advances them, and whether they're deducted before or after the fee is calculated.

Questions to ask before you sign

• What percentage is the fee, and does it change if the case goes to trial?
• Who pays case costs if we don't win?
• Will I get a written agreement and a written breakdown at the end?
• Who will actually work on my case day to day?

Get it in writing

A reputable firm will give you a clear written fee agreement and walk you through it before you sign. If anything is unclear, ask. You should never be surprised by your final statement.