Contingency Fee

If you have been injured in an accident and are considering legal action, you may be concerned about how much it will cost to hire a personal injury lawyer. Fortunately, most Illinois personal injury lawyers work on a contingency fee basis. This means you pay nothing in legal fees upfront. 

Whether you are dealing with a car accident, dog bite, or slip and fall accident, working with a Northbrook personal injury lawyer on a contingency fee basis gives you access to experienced legal counsel without the financial burden. 

What Is a Contingency Fee?

What Is a Contingency Fee?

A contingency fee is a payment for legal services that depends on the outcome of your case. 

Under a contingency fee arrangement, a lawyer takes a percentage of the settlement or court award they recover for you instead of charging you an hourly rate or flat fee. You typically owe nothing in attorney’s fees if they do not recover compensation on your behalf. 

Contingency fees are standard practice in Illinois personal injury cases, including car accidents, slip and fall accidents, and workplace accidents.

How Much Is a Typical Contingency Fee in Illinois?

Personal injury lawyers in Illinois typically charge one-third (33.33%) of your recovery as their contingency fee. This percentage may vary slightly depending on your case, including whether the case settles before a lawsuit is filed. 

Illinois law also sets a specific limit on the contingency fee that may apply in some instances. For example, the fee is typically set at no more than 20 percent in workers’ compensation cases and no more than 33.33 percent in medical malpractice cases. 

Regardless of your type of case, all contingency fee agreements in Illinois must comply with the Illinois Rules of Professional Conduct. This includes Rule 1.5, which mandates that fees be reasonable and clearly communicated in writing (a contingency fee agreement).

What Does the Contingency Fee Cover in Illinois?

A contingency fee generally covers your lawyer’s time, expertise, and representation throughout your case. 

However, you may be responsible for some litigation costs, including:

  • Court filing fees
  • Medical record copying costs
  • Expert witness fees
  • Deposition and transcript fees
  • Investigation or accident reconstruction expenses

Some law firms advance case-related expenses and reimburse them from your settlement or judgment at the end of the case. A lawyer should discuss what specific costs may be deducted before, during, and after your case during a free consultation. 

If you have been injured in a car accident, a slip and fall accident, or a workplace accident caused by negligence, schedule a consultation with a prospective lawyer. 

What Should You Look For in a Contingency Fee Agreement?

It is essential to carefully review the terms of a contingency fee agreement before signing and ask the right questions. Although contingency arrangements are designed to be client-friendly, the terms may vary. 

Before signing a contingency fee agreement, be sure to ask questions like:

  • Are different contingency fee percentages charged at various stages, such as pre-settlement, trial, or appeal?
  • Will litigation costs be deducted before or after calculating the fee?
  • Am I responsible for any costs if your case is unsuccessful?
  • What happens if I decide to change lawyers mid-case?

Knowing what to expect can help you avoid misunderstandings and ensure you are comfortable with the arrangement. Clear answers to these questions will help you make an informed decision and avoid unpleasant surprises.

Advantages of Contingency Fee Arrangements in Illinois Personal Injury Cases

Contingency fees offer several important benefits to personal injury victims, including:

  • No upfront costs: You do not need to worry about paying out of pocket while recovering from injuries or being unable to work.
  • Low financial risk: You generally do not owe attorney fees if your lawyer does not win or settle your case. 
  • Motivated representation: Your lawyer only gets paid if you do. This means they are typically strongly motivated to secure the highest possible recovery.
  • Equal access to experienced lawyers: You may have the opportunity to work with an experienced personal injury lawyer at no upfront cost. This is invaluable if you do not have the savings or income to pay traditional legal fees.

Lawyers in Illinois are required to provide contingency fee agreements in writing under the Illinois Rules of Professional Conduct. 

When Is a Contingency Fee Not Allowed in Illinois?

Contingency fees are widely accepted in Illinois personal injury cases, but they are not allowed in certain legal matters. For example, Illinois prohibits the use of contingency fees in criminal defense matters and domestic relations cases.

Lawyers in Illinois typically charge hourly or flat fees for matters that do not involve a personal injury or wrongful death claim.

Contact Our Northbrook Personal Injury Lawyers for a Free Consultation

Everyone in Northbrook deserves access to experienced legal representation regardless of their financial situation. If you or a loved one has been injured, a Northbrook personal injury attorney may be able to help resolve your case on a contingency fee basis. 

Schedule a free consultation with Kass & Moses Personal Injury Lawyers today at (847) 513-9582 to discuss your case and how we might be able to help you recover compensation.