Getting hurt because of someone else’s mistake is hard enough. Worrying about how you’ll afford a lawyer shouldn’t be part of that. That’s why many personal injury attorneys offer legal services on a contingency fee basis.
You might’ve heard the term before. If not, no problem. It’s a simple idea, and one that can make legal help more accessible when you need it most. It’ll help you understand how much of your compensation award might actually go into your pocket.
Below, we’ll walk through how contingency fees work in Pennsylvania, what you should expect in the agreement, and why this setup might ease some of the pressure while your case moves forward.
What Is a Contingency Fee Structure?
Contingency fee structure is a common approach in personal injury law that ties attorney fees to the result, not the hours worked. There are no retainers, hourly rates, or surprise bills along the way. Instead of paying your lawyer hourly or up front, you only pay if your attorney wins compensation for you, and their fee comes out of your settlement or verdict.
Typically, the attorney’s fee ranges between 30% and 40% of the total compensation you recover. This percentage is agreed upon at the start of your case and may vary depending on factors like case complexity, how long the case takes, and whether it goes to trial.
This setup helps injury victims get legal help without adding to their financial burden. If your case isn’t successful, you generally aren’t responsible for any attorney’s fees, depending on what you agreed to before hiring your attorney.
How Contingency Fees Work in Pennsylvania
In Pennsylvania, most personal injury lawyers handle cases on a contingency fee basis.
Before moving forward, you and your attorney will go over the exact terms of the fee agreement. This includes when the payment is made, what percentage applies at different stages of the case, and how any costs will be handled. Everything is clearly spelled out in writing, so there are no surprises later.
When your case or claim reaches a conclusion, Pennsylvania’s Rules of Professional Conduct require your attorney to give you a written summary outlining the outcome of your case. If your attorney recovers compensation in your case, the post-matter summary must also describe how their fees were calculated and deducted from your total award.
What’s Included in a Contingency Agreement?
Under Pennsylvania’s Rules of Professional Conduct, all contingency fee agreements must be in writing. This protects you and ensures everything is clear from the start.
Your agreement should include information like:
- The attorney’s percentage fee
- Whether the fee changes if your case goes to trial
- How litigation costs are handled
- What happens if you appeal the outcome
- What services are included
Your lawyer should walk you through the agreement and make sure your questions are answered before anything is signed.
Litigation Costs: What Else Might You Owe?
Even though you don’t pay your attorney upfront, there may be other costs involved in preparing your case.
These can include:
- Court filing fees
- Costs to get medical records
- Payment for expert witnesses
- Depositions or transcription services
Many law firms, including ours, cover these expenses while your case is ongoing. If there’s a recovery, those costs are typically reimbursed from your settlement. This practice must be disclosed in the agreement, as required by Pennsylvania’s ethics rules.
When Contingency Fees Are Not Allowed
Contingency fees are common in personal injury and wrongful death cases. However, Pennsylvania does not allow them in certain situations, including criminal defense cases and divorce or child custody matters.
You also can’t be forced into an agreement through improper solicitation or pressure. All contracts must be voluntary, ethical, and follow state law.
Why Clients Choose Contingency Fee Arrangements
For many injury victims, the idea of paying legal fees while facing medical bills and missed work just isn’t realistic. Contingency agreements help by giving you access to a lawyer with no upfront payment. They also make sure your attorney is motivated to get positive results by tying their payment to the success of your case.
This approach puts the focus on getting you compensated, not billing hours.
Know Your Rights and Protections
To protect folks who hire personal injury attorneys, Pennsylvania law requires that contingency agreements be fair, clearly written, and fully explained. You deserve to understand your options and feel empowered in every step of your case.
If you’re unsure about anything, ask. A good lawyer will always take the time to explain and ensure you fully understand the agreement.
Contact Our Scranton Personal Injury Lawyers at Fellerman & Ciarimboli, Law PC for a Free Consultation
If you’ve been injured and want to explore your legal options without financial risk, we’re here to help. Legal fees shouldn’t be another source of stress. With our approach, you only pay if we win for you. Contact our Scranton personal injury lawyers at Fellerman & Ciarimboli, Law PC to schedule your free case evaluation by calling (570) 714-4878.
