What Are Contingency Fees?

personal injury | August 21, 2026

A contingency fee is a way for clients to hire a personal injury lawyer in Roseville without paying money upfront. With this arrangement, the lawyer only takes a fee if your case results in a financial recovery through either a settlement or a successful lawsuit. Generally, the lawyer’s payment is a fixed percentage of the total amount you receive. For clients, this structure helps ease the worry that you might end up owing thousands of dollars in hourly legal fees regardless of the outcome. 

How Do Contingency Fees Actually Work?

When you hire a Roseville auto accident attorney under a contingency fee agreement, you and the lawyer sign paperwork stating the exact terms. The most common contingency fee percentages in California are 33⅓% (one-third) for pre-trial settlements, but this can rise to around 40% or more if a case is filed in court, goes to trial, or goes to appeal. Some firms negotiate their fees on an individual case basis, or have different fees depending on whether litigation is required. 

Here’s how a contingency fee might look in practice:

If you settle your case for $90,000, and your lawyer charges one-third, they would receive $30,000 as their legal fee. If there are additional expenses from the litigation (like court filing fees, expert witness fees, or administrative costs), these are usually paid from the recovery amount as well, typically after the attorney’s fee is deducted. Then you would get the remainder.  

Do I Still Have to Pay if My Injury Lawyer Does Not Win My Case?

You owe nothing for your lawyer’s time unless you win or settle. If your case doesn’t result in a financial payout, then you ordinarily pay nothing for your attorney’s work on the case itself. However, make sure you confirm whether other court costs will be charged to you if your case is lost, like charges for expert reports, copy services, certain medical records, or depositions.  

What Are the Benefits of Contingency Fees for Clients?

Contingency fees make hiring a skilled Roseville wrongful death attorney much less risky, especially if you do not have savings set aside for legal costs. They eliminate any fear of mounting hourly bills and place the financial risk on the lawyer rather than you. Additionally, these agreements incentivize your lawyer to work diligently on your behalf and for the best possible outcome: if you walk away with nothing, so do they. 

What Should I Ask Before Agreeing to a Contingency Fee?

You should ask for a copy of the written agreement and clearly identify:

  • The actual percentage for settlements versus trial or appeal
  • If expenses or costs come out before or after their fee is calculated
  • Any situations where a fee might still be charged (early contract cancellation, court costs, etc) 

Understanding how, when, and how much you might pay under a contingency fee lets you make an informed decision.  

Contact a Lawyer For Help After an Accident

Contingency fees are a practical and fair way for many injury victims to access legal help without risking further loss. If you’re ever unsure exactly how it works, your prospective attorney should be ready and willing to answer anything before you get started. Our firm handles all personal injury cases on a contingency fee basis, so don’t hesitate to reach out and schedule your free consultation