If you have been injured in a car accident, slip and fall, or workplace incident in Texas, one of the first questions you probably have is: what is this going to cost me? The good news is that most personal injury lawyers in Texas work on a contingency fee basis, meaning you pay nothing upfront.
How Contingency Fees Work
With a contingency fee arrangement, your lawyer only gets paid if you win. Their fee is a percentage of your settlement or court award. You owe nothing if the case is lost.
| Case Type | Typical Contingency Fee |
|---|---|
| Pre-litigation settlement | 25% – 33% |
| Cases filed in court | 33% – 40% |
| Cases going to trial | 40% – 45% |
For example, if your lawyer settles your car accident case for $60,000 and the contingency fee is 33%, your lawyer receives $19,800 and you receive $40,200 (before any medical liens or case expenses are deducted).
What About Case Expenses?
Separate from the attorney fee, there are out-of-pocket case expenses such as filing fees, expert witnesses, medical record retrieval, and deposition costs. Most personal injury firms advance these costs and deduct them from your settlement. Make sure you understand whether expenses are deducted before or after the attorney fee is calculated, this can significantly affect your take-home amount.
What Factors Affect the Fee Percentage?
- Case complexity: multi-vehicle accidents or disputed liability cases often command higher fees
- Whether a lawsuit is filed: fees typically increase if the case moves to litigation
- Trial risk: cases unlikely to settle early may have higher percentages
- Attorney experience: more experienced attorneys may charge more, but often achieve higher settlements
Is a Free Consultation Standard?
Yes. Virtually all personal injury attorneys in Texas offer free initial consultations. You can meet with a lawyer, discuss your case, and get a fee quote with no obligation. Use this to compare attorneys before committing.
What Should I Ask Before Hiring?
- What is your contingency fee percentage at each stage?
- Are case expenses deducted before or after your fee?
- Who will handle my case day-to-day?
- How long do cases like mine typically take?
- What is your assessment of my case value?
Before you hire anyone, take two minutes to look up their license. Our State Bar of Texas attorney search guide shows how to confirm an attorney is eligible to practice and check for public discipline.
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