Do I Pay Upfront for a Car Accident Lawyer?
After a car accident, one of the first questions people have is: “Do I have to pay a lawyer upfront?” The short answer is no, especially for personal injury cases in Texas. Most car accident lawyers work on a contingency fee basis, which means you only pay if your lawyer successfully recovers money for you.
What Is a Contingency Fee?
A contingency fee is an agreement where your lawyer’s payment comes as a percentage of the settlement or judgment. Typically, in Texas, this is around 33% if your case settles before a lawsuit is filed and can go up to 40% or more if a lawsuit or trial is required.
This arrangement allows you to hire an experienced lawyer without worrying about upfront costs. The lawyer covers case expenses like filing fees, medical record requests, expert witnesses, and other necessary costs, and those expenses are typically deducted from the settlement after the attorney’s fee is calculated.
What Expenses Are Covered?
While you don’t pay upfront, your settlement will generally cover case expenses. These include:
Court filing fees
Service of process fees
Obtaining medical records
Investigations, police reports, and open record requests
Expert witnesses (orthopedic doctors, accident reconstruction experts, etc.)
Most personal injury lawyers advance these costs and only recover them from your settlement if you win. If your case is unsuccessful, you typically owe nothing.
Benefits of a Contingency Fee
Access to experienced attorneys: You don’t need money upfront to get a skilled lawyer on your side.
Aligned interests: Your lawyer only gets paid if you get paid, so they are motivated to maximize your recovery.
No financial risk: If your case is unsuccessful, you won’t owe attorney fees, making legal representation accessible to everyone.
How to Protect Yourself
Even though contingency fees are standard, it’s important to:
Ask your lawyer to explain their percentage clearly.
Understand how expenses and liens are handled in the settlement.
Negotiate if the fee seems unusually high for a straightforward case.
Remember, Texas lawyers are ethically required to charge fees that are reasonable based on your case’s complexity and the expected time investment.
