Personal injury litigation can be a daunting prospect for individuals seeking compensation for injuries sustained due to someone else’s negligence. The financial burden associated with legal proceedings often deters individuals from pursuing their rightful claims. In response to this challenge, contingent fees have emerged as a powerful tool, allowing plaintiffs to access legal representation without the upfront financial strain. This article explores the use of contingent fees in personal injury litigation and their impact on enhancing access to justice.

How Does a Contingency Fee Work?

There are many different ways a contingency fee can be set up. The predetermined percentage typically fluctuates depending on how far into the legal process the case ultimately goes. In Texas, it is common to be 33.33% or 1/3 if the case settles before filing a lawsuit, 40% if the case settles after litigation starts or goes to final judgment but does not go up on appeal, and 45% if the case must be appealed.  

Why Use a Contingency Fee Attorney for a Personal Injury Claim?

Through contingent fee agreements, victims of personal injury who might not otherwise be able to afford access to justice are given the chance to pursue legal action and receive the compensation they are entitled to. Litigating a personal injury claim may get expensive very fast. Contingency fee lawyers cover the majority of these expenses, including those for depositions, investigations, and more, and are paid only after a settlement or judgement. This provides the option for those who otherwise would not have the financial means to obtain the legal assistance they are entitled to.

A further advantage of selecting a contingency fee lawyer is that the aims of the client and the lawyer are clearly and precisely correlated. The plaintiff’s attorney is especially compelled to settle the matter quickly and effectively because the fees are dependent on the result of the plaintiff’s claim.

Do All Personal Injury Lawyers Work on a Contingency Fee Basis?

Even though they are quite popular, not all lawyers use contingency fees.  Some demand that you cover all or a portion of the costs upfront. Some want remuneration on an hourly basis. Before hiring a lawyer, you should speak with them to ensure that they will accept a contingency fee arrangement in which you will not be responsible for any costs or case expenditures if no recovery is achieved. This arrangement should involve fronting expenses until a settlement or judgement is reached.


Contingent fees play a crucial role in making the legal system more accessible and equitable, particularly in the realm of personal injury litigation. By removing the financial barriers associated with pursuing legal action, contingent fee arrangements empower individuals to seek justice for injuries they have suffered. Striking a balance between risk and reward, contingent fees align the interests of attorneys and their clients, fostering a legal landscape where everyone, regardless of financial standing, can assert their rights and receive fair compensation.

Written By- Avichal Singhal

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