How Does a Personal Injury Lawyer Get Paid in Texas?
Most Texas personal injury lawyers are paid on a contingency fee basis. This means the lawyer’s fee depends on the outcome of the case. Instead of paying an hourly rate up front, the client agrees that the lawyer will receive a percentage of any settlement or verdict.
This type of fee can make legal help more available after an accident. Many injured people are already dealing with medical bills, missed work, and other costs. A contingency fee lets them pursue a claim without paying attorney’s fees at the start.
Why Are Contingency Fees Common in Personal Injury Cases?
Personal injury cases can be expensive to pursue. A lawyer may need to investigate the accident, gather medical records, hire experts, take depositions, and prepare the case for trial.
A contingency fee shifts much of that risk to the attorney. The lawyer invests time and resources before knowing whether the case will succeed. This gives the lawyer an incentive to work toward a strong result.
It also helps clients who cannot afford to pay hourly legal fees while they are hurt and out of work. In many cases, the fee structure allows an injured person to bring a claim against an insurance company or large business.
What Must a Texas Contingency Fee Agreement Include?
Texas law has specific rules for contingency fee agreements. A contingent fee contract for legal services must be in writing and signed by both the attorney and the client.
The agreement should clearly explain important terms, such as:
- The attorney’s fee percentage
- Whether the percentage changes if the case goes to trial or appeal
- What case expenses may be charged
- Whether expenses are deducted before or after the fee is calculated
- What happens if the client changes lawyers
- How any fee-sharing arrangement with another lawyer or firm will work
These details matter because they affect how much money the client may receive at the end of the case. A clear written agreement also helps avoid confusion later.
Do Personal Injury Lawyers Ever Use Other Payment Structures?
Yes. While contingency fees are most common in personal injury cases, lawyers may use other payment structures in different situations.
Some attorneys charge an hourly rate. This means the client pays for the lawyer’s time, often after paying an initial retainer. Others may charge a flat fee for a limited service, such as reviewing a settlement agreement.
A lawyer may also use a hybrid fee. This could combine a lower hourly rate with a reduced contingency percentage. These arrangements are less common in injury cases, but they may be used when the legal work is limited or unusual.
Questions to Ask Before Signing a Fee Agreement
Before hiring a personal injury lawyer, ask about how payment will be handled. You should understand the fee before the lawyer starts working on your case.
Helpful questions include:
- What percentage will the firm charge?
- Does the percentage change if a lawsuit is filed?
- Who pays case expenses?
- Are expenses deducted before or after attorney’s fees?
- What happens if there is no recovery?
- Will any other lawyer or law firm share the fee?
A good fee agreement should be easy to understand. If something is unclear, ask for an explanation before signing.
Contact the Dallas Personal Injury Lawyers at Benton Accident & Injury Lawyers for a Free Consultation
If you were injured in Dallas, Texas, you may have questions about hiring a lawyer and how legal fees work. You should not have to guess what it costs to get legal help after an accident. A free consultation is the perfect time to ask about how your lawyer will be paid.
For more information, contact an experienced Dallas personal injury lawyer at Benton Accident & Injury Lawyers to schedule a free consultation today.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
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About the Author
Jeff BentonJeff Benton is the founder of Benton Accident & Injury Lawyers in Dallas. He represents clients in claims involving truck accidents, car accidents, wrongful death, workplace accidents, and other forms of negligence. Jeff is known for taking on difficult cases that other firms decline and for fighting aggressively against powerful insurance companies and corporate defendants. He was honored with the Dallas Trial Lawyers Association’s John Howie Award for his pursuit of justice and remains committed to helping injured individuals and families throughout Texas. Click here to see some of his notable case results.
