California • Fee questions
Personal Injury Lawyer Contingency Fees in California
A contingency fee changes when an attorney fee is paid, but it does not make every case expense disappear. Read the proposed agreement closely and ask the lawyer to explain the numbers using a simple example.
What does a contingency fee mean?
Contingency fees are often used in accident and personal injury matters. The lawyer receives an agreed percentage of money recovered through a settlement or successful case. If there is no recovery, the lawyer generally does not receive that contingency fee.
That does not necessarily mean the client owes nothing. A client may still be responsible for some or all court costs and other expenses, whether the case is won or lost. The written agreement should explain the arrangement that applies to the specific representation.
Attorney fees and case expenses are different
Attorney fee
The amount paid for the lawyer's legal services, commonly calculated as a percentage of the recovery in a contingency arrangement.
Case expenses or costs
Money spent to pursue the matter, which may include filing fees, obtaining records, deposition charges, expert services, investigation, or other litigation expenses. The type and amount vary by case.
Ask who advances expenses, whether you must repay them if there is no recovery, and whether expenses are deducted before or after the attorney fee is calculated. Those choices can change the amount the client ultimately receives.
What should the written agreement explain?
Ask for a written explanation of the fee percentage, how costs affect the fee and your recovery, and any work not covered by the agreement. Ask whether the proposed fee is negotiable and request a signed copy of the complete agreement.
This page is a general checklist, not an interpretation of any contract. A licensed lawyer can explain the terms of a particular agreement.
Questions to ask before signing
- What percentage applies, and does it change if a lawsuit, trial, or appeal becomes necessary?
- Is the percentage calculated before or after case expenses are deducted?
- Which expenses could I owe if there is no recovery?
- Who approves significant expenses before they are incurred?
- What work is outside the agreement, and could it require a separate fee?
- If I change lawyers or end the representation, what fees or costs could still be claimed?
- Will I receive a signed copy of the complete agreement?
Ask the lawyer to walk through a hypothetical recovery and show the fee, expenses, and estimated net amount separately. A hypothetical is only an explanation of the calculation, not a prediction of a result.
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Before you decide
Compare written terms, not just headline percentages. Consider who will handle the case, how updates will be provided, which decisions require your approval, and what happens to fees and costs under different outcomes. See our California lawyer comparison questions and first consultation checklist.
This general-information checklist has not been reviewed by an attorney.