A contingency fee means your attorney gets paid only if you win your case, taking a percentage of your settlement or verdict as their fee. In Phoenix, personal injury attorneys typically charge 33% of your recovery before trial and 40% if the case goes to court. You owe nothing upfront, and if you lose, you pay no attorney fees.
What You Pay When You Win
Your attorney’s percentage comes directly from your final settlement or jury award. If you settle for $100,000 at the standard 33% rate, your lawyer receives $33,000 and you walk away with $67,000. The percentage often increases if your case reaches trial because litigation requires substantially more work, depositions, expert witnesses, courtroom preparation, and days in front of a judge.
Some firms negotiate different rates based on case complexity. A straightforward rear-end collision claim might stay at 33% throughout, while a medical malpractice case involving multiple defendants could start at 35% and climb to 45% at trial. Ask about the specific tiers during your initial consultation. The fee agreement should spell out exactly when and how the percentage changes.
Who Covers Case Expenses
Case expenses run separate from attorney fees and can add up fast. Court filing fees, medical record retrieval, expert witness charges, deposition transcripts, and investigator costs all come out of your settlement. Most Phoenix injury firms advance these costs during your case, meaning you don’t pay anything out of pocket while the claim progresses.
When you settle, the firm deducts expenses first, then takes their percentage from what remains. On that $100,000 settlement with $5,000 in costs, you’d receive $62,000 after subtracting expenses and the 33% fee. Some attorneys calculate their percentage before deducting expenses, others after. The difference can shift several thousand dollars in your final payout, so clarify this point before signing anything. Get the expense policy in writing.