What contingency means
A contingency fee depends on the outcome. Instead of paying by the hour, you agree that the attorney will receive a percentage of what you recover, through a settlement or a court award.
If there's no recovery, there's generally no attorney's fee.
The agreement has to be in writing
In Arizona and Georgia, the professional rules for lawyers require a contingency fee agreement to be in writing. It should say the percentage, whether it changes if the case goes to trial, and how costs are handled.
Read it before you sign, and ask about anything that isn't clear.
The 3-Point Claim Check
- 1
An injury
You were hurt, even if it didn't seem serious at first.
- 2
Someone else at fault
Another driver or company caused the crash.
- 3
Insurance coverage
There's a policy that may cover what happened.
Fees and costs aren't the same thing
Case costs are the expenses of building a claim, such as medical records, filing fees, expert reports and depositions.
Some agreements take costs out of the recovery. Some may ask you to repay costs even if the case doesn't succeed. The agreement should explain which applies to you.
Questions to ask before you sign
- What percentage do you take, and does it change if the case goes to trial?
- Is the fee worked out before or after costs are taken out?
- Will I owe anything if we don't recover?
- Who will handle my case day to day?
- How will you keep me updated?
Is the first conversation free?
Participating attorneys don't charge for the first call. It's a chance to explain what happened and ask questions before you decide anything.