After a car wreck or a slip and fall, money is often the first worry. Medical bills start arriving, you may be missing work, your car may need repairs, and you are hurting. Adding a lawyer’s bill to that list can feel impossible. Here is how fees and costs usually work in a personal injury case, and what to ask before you sign anything.

Most injury lawyers work on a contingency fee

In many kinds of legal work, you pay a retainer up front and then an hourly rate. Injury cases are usually different. Most personal injury lawyers are paid through a contingency fee, which means the fee depends on whether money is recovered for you through a settlement or a court judgment.

The fee is usually a percentage of the recovery. That percentage is set in your written fee agreement. It can vary from firm to firm, and it sometimes changes if a lawsuit is filed or the case goes to trial. Read that part of the agreement carefully, and ask the lawyer to walk you through it with an example.

We handle injury cases on a contingency fee: no attorney’s fee unless we recover money for you. You may still be responsible for court costs and case expenses; we explain this before you sign.

Fees and costs are not the same thing

The fee pays the lawyer for their time and work. Costs, sometimes called case expenses, are the out-of-pocket money it takes to build a claim and move it forward. Common examples include:

• Court filing and service fees
• Charges for copies of medical records and bills
• Employment and wage records
• Court reporter fees and deposition transcripts
• Fees for doctors or other witnesses who give testimony or opinions
• Copying, postage and other administrative expenses

Many injury firms pay these costs as the case goes along and are repaid out of any recovery. Your agreement should say who pays costs while the case is open, how they are repaid, whether they come out before or after the fee is figured, and what happens to them if there is no recovery. Those details can make a real difference in what you take home, so ask about them.

Questions to ask before you sign

• What percentage is the fee, and does it change if a lawsuit is filed or the case goes to trial?
• Who pays case costs while the case is open?
• Are costs taken out before or after the fee is calculated?
• Will I owe anything if there is no recovery?
• How will unpaid medical bills be handled out of any recovery?
• Will I get a written breakdown at the end showing every fee, cost and payment?

A lawyer should be willing to answer every one of these questions. Get a copy of the signed agreement, and make sure you understand it before you sign.

What handling a claim on your own can cost

You have every right to handle your own claim, and some people do. But insurance adjusters deal with claims every day, and their job is to protect the insurance company’s money. On your own, it is easy to accept an offer before you know the full extent of your injuries, to say something in a recorded statement that is later used against you, or to miss a source of insurance coverage.

Fault matters too. Louisiana uses comparative fault: your recovery can be reduced by your share of fault. Insurance companies often argue that the injured person was partly to blame, and how that argument is answered can affect the result.

Then there is time. For most injuries that happened on or after July 1, 2024, Louisiana generally gives you two years to file suit. Some claims have shorter or different deadlines, so talk to a lawyer early. Ongoing talks with an adjuster do not stop that clock.

Whatever you decide about hiring a lawyer, keep up with your medical care. If you are hurting, talk to a doctor. Your health comes first, and your medical records also help show what the injury has meant for your life.

Talk it over for free

To learn more, see how we handle personal injury claims and car accident cases. If you were hurt and want to understand your options, including how fees and costs would work in your situation, call Daniels & Washington at (225) 383-3800 or schedule a free consultation.

This article is general information, not legal advice. Every case is different.