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What Are Contingency Fees?

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What are contingency fees, and how do they help people who cannot afford legal representation after an injury? Contingency fees are a payment structure in which the attorney receives only a percentage of the money recovered if the case succeeds.

According to the American Bar Association, contingency fees in personal injury cases typically range from one third to 40% of the final settlement or court award. This model eliminates upfront costs and makes legal help accessible to people dealing with medical bills, lost income, and mounting expenses after an accident. At Conboy Law, we handle every personal injury case on a contingency basis. Our clients pay nothing unless we recover compensation on their behalf.

How Contingency Fees Work in Personal Injury Cases

Understanding how contingency fees work starts with a simple idea: we share the financial risk with our clients. If we win, we earn a percentage of the settlement or court award. This section covers the process from signing the agreement to receiving your money.

Understanding the Contingency Fee Agreement

A contingency fee agreement is the written contract between the attorney and the client. It spells out the fee percentage, the scope of legal services, and all terms of the arrangement. Under ABA Model Rule 1.5(c), every contingent fee agreement must be in writing, signed by the client, and must follow the rules of professional conduct.

The agreement also specifies what happens if the case settles, goes to trial, or fails to result in a successful outcome. You should always read and understand this document before signing. A good personal injury lawyer will explain every detail so you know exactly what to expect before legal action begins.

What a Contingency Fee Arrangement Typically Includes

A contingency fee arrangement covers the key financial details of your legal case. These include the attorney's percentage, how costs and legal expenses are handled, the timeline, and the client's responsibilities.

The percentage may vary depending on whether the case settles early or proceeds to trial. Many arrangements use a sliding scale that increases from 33% to 40% if litigation becomes necessary because more complex cases demand greater resources.

At Conboy Law, we provide transparent fee agreements with no hidden terms. We explain every part of the arrangement during your free consultation. Our goal is to give you clarity and confidence from day one.

Contingency Fees vs. Other Fee Agreements

Contingency fees are one of several fee structures used by law firms across the country. Understanding the differences helps clients make the right choice for their circumstances. This section compares the contingency fee model with hourly billing and clarifies what attorney fees actually cover.

Contingency Fees vs. Hourly Fees

The biggest difference between contingency fees and hourly fees is who bears the financial risk. With a contingency fee basis, you pay nothing up front, and the lawyer takes on the risk of an unsuccessful outcome. With an hourly rate, you pay for the attorney's time regardless of whether you win or lose. Hourly billing can add up quickly, especially in complex cases involving depositions, expert witnesses, and trial preparation.

This is why contingency fees are the standard in personal injury law. Most injured people cannot afford to pay upfront legal fees while also facing medical bills, lost income, and recovery costs. The contingency model ensures that anyone can access quality legal representation without draining their savings.

Understanding Attorney Fees and What You Actually Pay

Attorney fees are the percentage your lawyer charges for their legal services. This is the contingent fee your attorney receives when the case produces a settlement or court award. It is separate from case-related costs and expenses, which we cover in the next section. The percentage covers the work of investigating your claim, negotiating with insurance companies, handling legal proceedings, and going to trial if needed.

At Conboy Law, our attorney fees are outlined upfront in the contingency fee agreement. We believe every client deserves to know exactly what they will pay before we start work on their case. Transparency builds trust, and trust is the foundation of a strong attorney-client relationship.

Additional Costs Beyond the Contingency Fee

While the contingency fee covers legal services, other costs come with pursuing a personal injury claim. These additional costs are part of building the evidence and legal strategy needed to prove negligence and win your case. Understanding these expenses up front prevents surprises later.

Common Case Expenses Clients Should Know About

Typical case expenses include:

  • Court fees and filing fees. These are required to initiate legal claims and file documents with the court.
  • Expert witnesses. Specialists in medicine, accident reconstruction, or engineering may testify to support your case.
  • Medical record retrieval. Obtaining records from hospitals and doctors involves fees that add to total expenses.
  • Deposition costs. Recording witness testimony before trial requires court reporters and scheduling.
  • Investigation expenses. This includes reviewing surveillance footage, documenting the scene, and conducting background research.
  • Administrative charges. Postage, copying, and other costs that support the case from start to finish.

Whether these costs are deducted from the settlement before or after the attorney's percentage depends on the agreement. At Conboy Law, we advance all case-related costs and only recover them if your case produces a successful outcome. You never pay out of pocket for these expenses.

Taking Your Case on a Contingency Fee Basis, Reducing Financial Risk

The contingency model exists to eliminate financial risk for injured clients. When someone suffers harm due to another party's negligence, the last thing they need is the added burden of hourly legal fees on top of medical bills. Taking a case on a contingency fee basis means you can focus on healing while your legal team fights for the compensation you deserve.

Why the Contingency Fee Basis Levels the Playing Field

Working on a contingency-fee basis allows individuals to stand up to well-funded defendants, corporations, and insurance companies without personal financial risk. You do not need to pay up front for anything. Insurance adjusters and defense attorneys work to minimize or deny your claim, and without a lawyer, you face these teams alone. The contingency model gives you access to the same caliber of legal representation the other side already has.

Clients owe nothing if the case does not succeed. This structure also motivates attorneys to maximize the client's recovery, because payment depends on the outcome. When the lawyer's fee is tied to results, both the attorney and the client benefit from a strong final settlement.

When a Lawyer May Decline to Take a Case on Contingency

Attorneys evaluate case merit before accepting any personal injury case on contingency. They must believe the claim has a reasonable chance of success. This protects both the client and the law firm from investing time and resources in legal cases that are unlikely to result in compensation.

Common reasons for declining include insufficient evidence, unclear liability, low potential for damages, or statute-of-limitations issues. A free consultation with Conboy Law can help determine whether your client's case is viable. We review the facts, assess the evidence, and give you an honest evaluation at no cost.

Benefits of Hiring a Personal Injury Lawyer on a Contingency Fee

Hiring a personal injury lawyer on a contingency fee offers clear advantages over hourly billing and other fee structures:

  • No upfront costs. Anyone can afford legal representation regardless of their financial situation. You do not need to pay a retainer or deposit to get started.
  • Aligned interests. Your attorney only profits when the client wins and receives compensation. This creates a partnership where both sides pursue the best possible outcome.
  • Motivated representation. Attorneys work harder when their payment depends on results. Every dollar they recover for you also increases the lawyer's fee.
  • Risk-free legal help. If you do not win, you do not pay. There is no financial downside to pursuing your claim with a personal injury attorney.

At Conboy Law, our no-win, no-pay commitment reflects our confidence in the cases we take. We have secured multi-million-dollar results for clients in personal injury and medical malpractice cases because we invest in every case from the start. Contact one of our personal injury lawyers today to learn how we can help.

Frequently Asked Questions About Contingency Fees

What are contingency fees in personal injury law?

Contingency fees are a fee structure where your attorney receives a percentage of your settlement or court award. You pay no upfront legal fees and owe nothing if you lose.

What percentage do contingency fee lawyers typically charge?

Most personal injury lawyers charge between one-third and 40%. The percentage may vary depending on whether the case settles before trial or the case proceeds to litigation.

Do I pay anything if my case is unsuccessful?

No. Under a contingency fee arrangement, you owe no attorney fees or legal fees if your case does not result in a settlement or favorable verdict.

Are there additional costs besides the contingency fee?

Yes. Legal expenses like court fees, filing fees, expert witnesses, and medical records may apply. These are advanced by the attorney and deducted upon winning.

How is the contingency fee calculated from my settlement?

The attorney receives a percentage of the total settlement. Case expenses are then deducted, and the remaining balance, your compensation, goes to you.

Why do personal injury lawyers work on contingency instead of hourly fees?

Contingency fees remove financial barriers for injured clients and align the attorney's incentive with maximizing your compensation. This makes justice accessible regardless of income.

Contact Conboy Law, We Handle Your Case on a Contingency Fee Basis

At Conboy Law, we work on a contingency basis for every personal injury case we handle. Our clients never pay unless we win. This no-risk approach means you can pursue your claim with confidence, knowing our success depends on yours. We have the experience to handle civil cases ranging from auto accidents to medical malpractice, and we fight for every dollar our clients deserve.

We offer a no-obligation free consultation to review your case and explain your legal options. Remember, Illinois law gives you just two years from the date of injury to file, so do not delay. Call us today at 312-726-9000 to schedule your free case evaluation. Contact Conboy Law today for a free consultation; you pay nothing unless we win your case.


primary Office Address:
60 W Randolph St 4th Floor, Chicago, IL 60601

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