Last updated on November 6th, 2026 at 10:33 pm
A contingency fee is the lawyer’s share of money recovered through a settlement or judgment. The written agreement sets the percentage. Case expenses are a separate question.
Before hiring a lawyer, ask two things: “How is your fee calculated?” and “What expenses could I owe?” A phrase such as “no fee unless you win” does not answer both.
The lawyer’s fee and case expenses are different
- The fee pays for the lawyer’s work. Under a contingency arrangement, it is a percentage of the recovery rather than an hourly bill.
- Case expenses pay for things such as filing documents, obtaining records and hiring experts. Ask who advances them and when they must be repaid.
Do not assume that no attorney fee means no expenses. Ask what you could owe if the case does not produce a recovery, and find the answer in the agreement.
What percentage will the lawyer charge?
There is no single percentage that describes every personal injury agreement. In most cases, the fee is negotiable. Ask whether the rate changes if a lawsuit is filed, the case goes to trial or an appeal becomes necessary.
The percentage should be clear before you sign. A number in an article is not an offer from this firm or a substitute for your written terms.
One example: why the order matters
Suppose a case settles for $60,000, with an assumed one-third fee and $6,000 in case expenses.
- Fee calculated before expenses: $20,000 fee + $6,000 expenses leaves $34,000.
- Fee calculated after expenses: one-third of $54,000 is $18,000. After that fee and $6,000 expenses, $36,000 remains.
This is an illustration, not John’s fee or an estimate of a case’s value. Both figures are before medical bills, liens or other deductions. Read more about what can come out of a settlement before you receive your share.
Five questions to ask before signing
- What percentage applies? Does it change at a later stage?
- What amount is it calculated on? Are expenses deducted before or after the fee?
- Who pays expenses along the way? Who approves substantial costs?
- What could I owe if there is no recovery? Ask about expenses separately from the attorney’s fee.
- What work is included? Ask about related matters, an appeal or ending the relationship.
Request a copy of the agreement and a sample breakdown using its actual terms. If a calculation or phrase is unclear, ask for an explanation before signing.
Who will handle the case?
Cost is one part of choosing a lawyer. Ask who will make legal decisions, who provides routine updates and how questions reach the responsible attorney. Keep the names and contact details with your agreement.
Use the full questions to ask before hiring a personal injury lawyer to cover both the money and the working relationship.
Ask about your situation
The Law Offices of John W. Stenson handles personal injury matters in Los Angeles. To ask about an injury and the terms of possible representation, tell John what happened. A short description is enough to begin; ask the office how to share sensitive records.
General information, not legal advice or a statement of this firm’s fee or cost terms. The agreement offered for your matter needs to explain those terms.
Source
The State Bar of California’s guide to fees and billing explains contingency fees, case expenses and questions to ask about a written agreement.
