Most Texas personal injury attorneys, including Branch & Dhillon, P.C., work on a contingency fee basis, meaning you pay no upfront costs and no attorney fees unless you recover compensation. The attorney’s fee comes as a percentage of your settlement or verdict, only if the case succeeds.
This arrangement allows injured parties to obtain experienced legal representation without paying hourly rates or retainers during recovery when medical bills and lost wages already create financial stress.
At Branch & Dhillon, P.C., our Arlington personal injury attorneys offer free consultations to discuss your case, explain our fee structure in detail, and help you understand potential costs before you make any commitment. Contact us today to learn how contingency fee arrangements work and what to expect throughout your personal injury claim.
Key Takeaways for Personal Injury Lawyer Costs in Texas
- Contingency fee arrangements eliminate upfront costs, with attorney payment coming as a percentage of settlement or verdict proceeds only when cases succeed
- Texas law requires contingent fee contracts to be written, signed, and clearly state how fees are calculated, including the percentage charged and whether case expenses are deducted before or after calculating the attorney’s fee
- Case costs and litigation expenses, including filing fees, medical records, expert witnesses, and depositions, are separate from attorney fees; whether clients owe these costs if cases are lost depends on specific contract terms
- Contingency fee percentages may vary based on case stage, with lower percentages typically applying when cases settle before litigation and higher percentages when cases require filing lawsuits, extensive discovery, or trial preparation
- Free consultations provide an opportunity to understand fee structures, ask questions about costs, and assess whether legal representation is viable for your specific situation before signing any agreements
How Contingency Fees Work in Personal Injury Cases
Contingency fee arrangements link attorney compensation to case outcomes. If your case recovers compensation through settlement or verdict, the attorney receives a percentage of that recovery. If your case doesn’t recover compensation, you typically owe no attorney fees, though case costs may be handled differently depending on contract terms.
This structure benefits injured parties who lack the funds to pay hourly attorney rates while recovering from injuries and managing medical expenses. Contingency fees also align the attorney and client interests.
What Texas Law Requires in Contingency Fee Contracts
Texas Rules of Professional Conduct Rule 1.04 imposes specific requirements for contingent fee agreements. These contracts must be in writing and signed by the client. The agreement must clearly state the method for calculating the fee, including the percentage the attorney will receive. It must specify whether expenses and costs will be deducted before or after calculating the attorney’s fee, as this significantly affects how much clients ultimately receive.
These requirements protect clients by ensuring they understand fee arrangements before signing. During complimentary consultations, we thoroughly explain our contingency fee structure, answer questions about how fees are calculated, and provide written agreements for you to review and sign.
Factors That Affect Personal Injury Attorney Fees
Several factors influence contingency fee percentages and overall costs in personal injury cases.
Case Complexity and Severity
Simple cases with clear liability, cooperative insurance companies, and straightforward damages may settle quickly with minimal attorney work. Complex cases involving disputed liability, multiple defendants, catastrophic injuries, or difficult insurance companies require substantially more attorney time, investigation, expert consultation, and litigation work.
Stage of Resolution
Cases that settle before filing lawsuits typically involve lower contingency percentages than cases requiring litigation. Once lawsuits are filed, attorneys invest significant additional time in discovery, depositions, motion practice, and trial preparation. This increased work often corresponds to higher contingency percentages.
Cases proceeding to trial or appeal involve even greater attorney investment. Trial preparation requires extensive time, trials themselves consume days or weeks, and appeals add additional layers of legal work.
Fee agreements sometimes include tiered percentages reflecting these different stages.
Jurisdictional Factors
While Texas law doesn’t cap contingency fees in personal injury cases (unlike medical malpractice cases, which have specific limitations), local market conditions and firm policies affect fee structures. Discussing specific percentage structures during free consultations allows comparison and understanding of what different firms charge.
Insurance Coverage and Recovery Potential
Cases with high insurance policy limits and strong liability offer greater recovery potential. Cases involving underinsured defendants or disputed liability carry a higher risk for attorneys, who may invest substantial time and effort without compensation if the cases fail.
Attorneys consider these factors when evaluating cases, though most maintain consistent fee structures rather than negotiating individual percentages for each case.
Case Costs and Litigation Expenses
Beyond attorney fees, personal injury cases involve various costs and expenses that are separate from contingency fee percentages.
Common Case Expenses
Personal injury cases generate various expenses throughout investigation and litigation:
- Filing fees for lawsuits
- Medical records and bills from healthcare providers
- Police crash reports and accident documentation
- Expert witness fees for medical experts, accident reconstruction specialists, vocational experts, and economists
- Deposition costs, including court reporter fees and transcript preparation
- Investigation expenses, including photographs, video, and scene analysis
- Trial exhibits and demonstrative evidence
Simple cases settling quickly generate minimal expenses. Complex cases requiring extensive discovery, multiple experts, and trial preparation can accumulate substantial costs.
When Expenses Are Deducted
Texas contingency fee agreements must specify whether expenses are deducted before or after calculating the attorney’s fee. This timing significantly affects net recovery amounts.
Expenses deducted before fee calculation mean the attorney’s percentage applies to the amount after expenses are subtracted. If a settlement is reached and expenses are totaled to a certain amount, expenses come out first, then the attorney’s percentage applies to the remaining amount.
Expenses deducted after fee calculation mean the attorney’s percentage applies to the full settlement amount, with expenses then subtracted from the client’s portion. Using the same settlement and expense amounts, the attorney’s fee would be calculated on the full amount, and then expenses would be deducted from the remaining amount for the client.
Understanding your agreement’s expense handling before signing protects you from surprises when settlements occur.
Who Pays Expenses If Cases Are Lost
Contingency fee agreements vary on whether clients owe case expenses if cases don’t recover compensation. Some agreements make attorneys responsible for all expenses regardless of outcome. Other agreements require clients to reimburse expenses even when cases are lost.
This distinction matters significantly. Understanding whether you’re responsible for these costs if the case doesn’t succeed is critical before proceeding.
Ask directly about expense responsibility if cases are lost. Get clear answers about worst-case financial scenarios.
Why Legal Representation Often Results in Higher Net Recovery
Contingency fees mean attorneys receive portions of settlements and verdicts, but studies consistently show represented claimants receive substantially higher compensation than self-represented claimants, even after paying attorney fees.
Three key factors explain this outcome:
- Insurance companies offer more to represented claimants: Adjusters know that represented claimants have attorneys who understand case values, recognize lowball offers, and will file lawsuits if negotiations fail, motivating higher settlement offers. In contrast, self-represented claimants often accept initial offers without understanding that they’re far below fair value.
- Attorneys calculate actual damages. Personal injury damages include medical expenses, both past and future, lost wages and lost earning capacity, pain and suffering, and permanent impairment. However, self-represented claimants often overlook future medical costs, undervalue pain and suffering, and accept settlements that cover only immediate medical bills.
- Attorneys handle medical liens and subrogation: Hospital liens and health insurance subrogation claims reduce net settlement proceeds, but experienced attorneys negotiate substantial reductions in these claims, preserving more money for clients, while self-represented claimants may end up unnecessarily paying full lien and subrogation amounts.
It is also important to consider the peace of mind that accompanies hiring a lawyer. The attorney will take over the claim process and speak with the insurance companies. This gives you time and space to heal and the knowledge that your claim is being handled by an advocate familiar with the process.
What to Discuss During Free Consultations With Texas Injury Lawyers
Free consultations provide opportunities to understand fee structures, ask questions, and evaluate whether representation makes financial sense for your case.
Questions to Ask About Fees
When meeting with a personal injury attorney during a free consultation, ask these important questions to understand the financial arrangement:
- What percentage do you charge for personal injury cases?
- Does the percentage increase if the case goes to trial or appeal?
- How are case expenses handled—deducted before or after calculating your fee?
- Do I owe expenses if the case doesn’t recover compensation?
- What expenses do you anticipate in my type of case?
- How often do cases like mine settle versus going to trial?
- What happens if I’m unhappy with representation and want to switch attorneys?
Understanding Your Case’s Value
Beyond fee structures, consultations help you understand the potential value of your case. We evaluate liability strength, injury severity and permanency, available insurance coverage, and likely damage ranges. This information helps you make informed decisions about pursuing claims.
Some cases with clear liability and substantial damages may justify representation, even with contingency fees. Other cases with minimal damages may not generate enough recovery to justify attorney involvement. Free consultations help you understand which category your case falls into.
Getting Written Fee Agreements
Texas law requires written contingency fee agreements. During consultations, your Branch & Dillon, P.C. injury lawyer provides agreements, explains terms clearly, and encourages you to read carefully and ask questions before signing.
Never sign a fee agreement without understanding the terms completely. Reputable firms welcome questions and explain agreements thoroughly rather than rushing clients through paperwork.
Branch & Dhillon’s Approach to Personal Injury Fees
At Branch & Dhillon, P.C., we believe injured parties deserve access to quality legal representation regardless of their ability to pay upfront. Our contingency fee structure eliminates financial barriers to representation, aligning our interests with yours: we succeed when you succeed.
We offer free consultations to discuss your case, explain our fee structure in detail, answer questions about costs and expenses, and help you understand what representation involves before you make any commitment.
Our experience representing car accident victims, truck accident survivors, slip and fall claimants, and victims of catastrophic injuries throughout Arlington, Tarrant County, and the DFW metroplex enables us to accurately evaluate case values and set realistic expectations during initial consultations.
When we accept cases, we invest our resources, time, and experience to pursue fair compensation. When needed, we collaborate with medical experts, accident reconstruction specialists, and other professionals whose testimony strengthens cases. We handle all insurance company communications, negotiate medical liens and subrogation claims, and prepare cases thoroughly for trial when settlement negotiations fail.
FAQ for Personal Injury Lawyer Costs in Texas
Under contingency fee arrangements, you typically owe no attorney fees if cases don’t recover compensation. However, responsibility for case expenses in the event that cases are lost varies by agreement. Clarify this during free consultations.
Many contingency fee agreements include tiered percentages that reflect different stages of the case. Lower percentages may apply when cases settle before filing lawsuits, with higher percentages if cases require litigation, trial preparation, or appeals. Fee agreements must clearly state these terms.
Some personal injury attorneys may be willing to discuss fee arrangements. However, most established firms maintain standard fee structures that apply consistently across similar case types. Discussing fee expectations during your free consultation allows you to determine whether a firm’s structure is suitable for your situation before signing any agreement.
When insurance companies pay medical providers directly as part of settlements, those payments count toward total recovery for calculating contingency fees. Your fee agreement should clearly outline how direct payments to medical providers impact the attorney’s fee calculation and your net proceeds.
No, free consultations are genuinely free with no obligation. Reputable personal injury firms, including Branch & Dhillon, P.C., offer complimentary consultations at no cost to evaluate your case, explain fee structures, and answer questions. You’re never charged for initial meetings, and you’re under no obligation to hire the firm after the consultation ends.
Schedule a Free Consultation With Branch & Dhillon, P.C.
Personal injury claims involve complex legal issues, insurance company negotiations, medical lien resolutions, and damage calculations that affect whether you receive fair compensation or accept settlements that leave money on the table.
At Branch & Dhillon, P.C., we represent personal injury victims throughout Arlington, Tarrant County, and the Dallas-Fort Worth area on a contingency fee basis. We offer complimentary consultations to discuss your case, clearly explain our fees, and assist you in making informed decisions about representation.
Contact us today for a complimentary consultation. Learn how contingency fee arrangements work, what to expect throughout your claim, and whether legal representation makes sense for your situation.