June 19, 2025 | Contingency Fees
If you have been injured in an accident, one of the most common concerns is, “What happens if we lose? Will I still owe my lawyer money?” This is an especially important question in personal injury cases, where the stress of medical bills, lost wages, and injuries can already feel overwhelming. Fortunately, the answer typically works in your favor.
This article will look at how lawyers get paid if they lose a case—and what it means for you as an injured client.
Contingency Fees in Personal Injury Cases
Most lawyers work on a contingency fee basis in personal injury cases. This means they only get paid if they successfully recover compensation for you through a settlement or a court verdict. You typically owe them nothing in attorney’s fees if your lawyer does not win your case, but you may be responsible for other expenses.
What Does a Contingency Fee Cover?
A contingency fee agreement outlines the percentage your lawyer will receive from your final compensation. This percentage often ranges from 33 to 40 percent, depending on the stage of the case and whether it goes to trial. This aligns your lawyer’s interests with your own since they only get paid if you do.
How Does My Lawyer Get Paid If They Lost My Personal Injury Case on Contingency?
Your lawyer will typically not get paid attorney fees if they do not win your case. However, you may still be responsible for certain case expenses, including out-of-pocket expenses paid by your lawyer or their firm.
These may include:
- Court filing fees
- Medical record retrieval costs
- Expert witness fees
- Deposition or transcript costs
- Investigation fees
Whether you must repay these costs depends on the terms of your fee agreement. Some lawyers absorb these expenses entirely if the case is lost, while others may require you to reimburse them. Always review your fee agreement carefully and ask questions before signing.
Why Do Lawyers Take the Risk in Personal Injury Cases?
You may wonder why personal injury lawyers would take the financial risk of handling a case without any guarantee of payment. The answer lies in experience and confidence. An experienced Kingston personal injury lawyer can typically assess your case’s potential before agreeing to take it.
They weigh:
- The strength of the evidence
- Liability and fault
- The severity of your injuries
- Available insurance coverage
- The likely value of your economic damages
- The likely value of your non-economic damages
A lawyer who agrees to take your case on contingency is generally confident in their ability to recover compensation on your behalf.
Other Payment Arrangements
Contingency fees are common in personal injury law, but lawyers in other practice areas may use different payment models. These typically require clients to pay upfront or throughout the legal process, regardless of the case’s outcome.
Hourly Billing
Lawyers in criminal defense, family law, or corporate litigation often charge by the hour. You may be expected to pay a retainer fee upfront and then be billed for the time your lawyer spends on your case, regardless of the outcome.
Hourly rates can vary widely. Clients are often billed in increments, such as every six or fifteen minutes, which means even short tasks can add up quickly. You are typically still responsible for all fees incurred, even if your case is lost or does not go as expected. This places the financial risk entirely on you.
Flat Fees
Some lawyers bill for basic legal services, such as drafting a will or handling a traffic ticket, on a flat fee. This fee is usually non-refundable, even if the result is not in your favor.
Flat fees offer financial predictability but may not cover unexpected complications, which could result in increased costs. A lawyer may need to renegotiate the fee or charge for extra work beyond the original agreement if the case becomes more complex than initially anticipated.
Contact the Kingston Personal Injury Lawyers of Fellerman & Ciarimboli, Law PC for Help Today
For more information, contact Fellerman & Ciarimboli, Law PC to schedule a free consultation with our experienced personal injury attorneys. We proudly serve clients in Scranton, Kingston, Honesdale, Berwick, PA, and Columbia, Lackawanna, Luzerne, and Wayne Counties. We’re here to fight for your rights with trusted, experienced legal support. Let us help you get the justice and compensation you deserve.
Fellerman & Ciarimboli, Law PC Scranton
436 Spruce St Suite 100, Scranton, PA 18503
(570) 714-4878
Fellerman & Ciarimboli, Law PC Kingston
183 Market St #200, Kingston, PA 18704
(570) 714-4878
Fellerman & Ciarimboli, Law PC Honesdale
520 Main St, Honesdale, PA 18431
(570) 714-4878
Fellerman & Ciarimboli, Law PC Berwick
120 W Front St, Berwick, PA 18603
(570) 714-4878
