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How Much Does a Personal Injury Lawyer Cost?

By the Apis Felix Law Trial Team — Licensed in Nevada & UtahAttorney-reviewed — July 4, 2026

How contingency fees work

A contingency fee means the lawyer's fee is a percentage of whatever is recovered, and nothing is owed if there is no recovery. You don't pay an hourly rate, you don't pay a retainer, and you don't get a bill while the case is ongoing. The fee is calculated and paid out of the settlement or verdict at the end.

The exact percentage a lawyer charges is set out in a written fee agreement before any work begins, and it commonly varies by stage of the case — for example, a lower percentage if a case resolves before a lawsuit is filed, and a higher percentage if it proceeds toward trial. That range reflects the amount of work and risk involved at each stage, not an arbitrary number. A case resolved quickly typically requires less work than one that goes through litigation, depositions, and possibly trial, and the fee structure is meant to reflect that difference.

This arrangement shifts financial risk away from the injured person and onto the lawyer. If a case doesn't result in a recovery, the lawyer generally doesn't get paid for the time invested, regardless of how much work went into it. That structure is part of why contingency fees exist in the first place — it lines up the lawyer's incentive with actually obtaining a recovery, rather than billing hours regardless of outcome.

Ask any lawyer to explain their specific percentage and how it's structured before you sign anything. A trustworthy fee agreement is written in plain terms, with the percentage and any stage-based changes stated clearly rather than buried in dense legal language.

Fees vs. case costs (the distinction that matters)

The attorney fee and case costs are two different things, and confusing them is one of the most common misunderstandings people have about hiring a personal injury lawyer. The attorney fee is the contingency percentage described above. Case costs are the actual expenses of building and pursuing the case: obtaining medical records, expert witness fees, court filing fees, deposition costs, and similar expenses that accumulate as a case is investigated and litigated.

However, a client may be responsible for case costs and litigation expenses, and for the opposing party's costs, even if the case is not successful. This is a critical point that "no fee unless we win" does not automatically answer — that phrase generally refers to the attorney's own fee, not necessarily every cost incurred along the way. How costs are handled if a case is not successful should be spelled out clearly in the written fee agreement, and it's a fair and important question to ask before signing.

Some firms advance case costs and only seek reimbursement from a successful recovery; others handle it differently. There is no single universal practice, which is exactly why this needs to be confirmed in writing for your specific situation rather than assumed based on something you read or heard elsewhere.

Case costs can also grow significantly in cases that involve expert witnesses, extensive medical record retrieval, or litigation that proceeds all the way toward trial. A case that settles early, before a lawsuit is even filed, typically involves far fewer costs than one that goes through depositions, expert reports, and courtroom preparation. Understanding roughly what category your case might fall into — even in general terms — helps set realistic expectations about costs from the outset.

What "no fee unless we win" does and doesn't mean

"No fee unless we win" is a genuine and common practice in personal injury representation — most lawyers, including our firm, will not collect an attorney fee unless the case results in a successful settlement or verdict. What it doesn't automatically mean is that every dollar spent on the case disappears if the outcome isn't successful. As explained above, costs can be treated differently from the fee itself, and that treatment depends on the specific written agreement.

This isn't a reason to avoid contingency representation — it's the standard and, for most injured people, the only realistic way to afford a lawyer after an accident. Without a contingency arrangement, many people simply couldn't pursue a claim at all while also paying for medical care and daily expenses. It's simply a reason to read the agreement closely and ask questions rather than assume every phrase means the broadest possible thing.

It's also worth understanding that "winning" in this context generally means a successful settlement or verdict that results in a recovery, not necessarily every outcome a client might have hoped for. A case can resolve successfully — meaning a recovery is obtained and a fee is earned — while still falling short of what a client initially expected. Discussing realistic expectations early, rather than assuming a specific number, tends to prevent misunderstandings later.

Questions to ask any lawyer before signing

Before signing a fee agreement with any personal injury lawyer, it's worth asking directly: What percentage is the fee, and does it change at different stages of the case? How are case costs handled if the case is not successful? Who is responsible for the other side's costs in that same scenario? How are medical liens and outstanding bills addressed out of any eventual recovery? Is the fee percentage negotiable, and what does the agreement say in writing, not just verbally?

It's also reasonable to ask how often you'll be updated on the case, who your main point of contact will be, and what happens if you're unhappy with the representation partway through. None of these questions should make a lawyer defensive — a firm confident in how it operates should welcome them.

A lawyer confident in their practice should be willing to walk through each of these questions plainly and let you take the written agreement home to read before signing. Take the time to actually read it rather than signing on the spot, especially in the days right after an accident when you may be dealing with pain, medication, or simple exhaustion.

Why free consultations are genuinely free

A free consultation is exactly that — free, with no obligation to hire the lawyer or to pursue a claim at all. It's an opportunity to describe what happened, ask about how a contingency fee would apply to your situation, and get a sense of whether the case makes sense to pursue. Nothing about the initial conversation commits you to anything, and you're free to speak with more than one lawyer before deciding who, if anyone, to hire.

This matters most in the early days after an accident, when the cost of getting advice can feel like one more expense piled onto medical bills and missed work. Because the initial conversation carries no cost and no obligation, there is little reason to delay it out of concern about what it might cost to simply ask questions and understand your options.

If you're weighing whether to bring in a lawyer after an accident, or you've already received a settlement offer and want a second opinion, our firm offers a free, confidential case review. For more on evaluating an offer you've already received, see our first insurance offer article, or check our frequently asked questions for more on fees and the claims process generally.

This article is general information, not legal advice; reading it does not create an attorney-client relationship. Every case is different, and deadlines and rules change — confirm how the law applies to your situation with a licensed lawyer. Apis Felix Law, a trade name of Deseret Lawyers PLLC. Attorney advertising. Kevin Peterson is the attorney responsible for this content and is licensed in Nevada (Bar No. 14598) and Utah (Bar No. 18723).