How Contingency Fees Work in Personal Injury Cases in San Diego

personal injury lawyer contingency fee

Hiring a lawyer after a serious accident doesn’t have to drain your finances. That’s the benefit of working with a San Diego personal injury lawyer on a contingency fee basis. You only pay if you win.

If you’re searching for a “personal injury lawyer contingency fee” because you’re worried about affording an attorney, you’re not alone. Many injury victims hesitate to get legal help due to the fear of upfront costs. Fortunately, contingency fees eliminate that barrier.

What is a Contingency Fee?

A contingency fee is a type of payment arrangement where a lawyer only gets paid if they recover money for you, either through a settlement or a court award. If they don’t win, you don’t owe them attorney’s fees.

In other words: No win = no fee.

This type of arrangement is most common in personal injury cases because it allows injured individuals to pursue justice without having to worry about affording a lawyer upfront.

How Does a Contingency Fee Agreement Work?

Here’s a step-by-step breakdown of how it typically works:

Initial Consultation

You meet with the lawyer for a free consultation. They evaluate your case and let you know whether it’s worth pursuing. If both parties agree to move forward, you sign a contingency fee agreement.

Contingency Fee Percentage

The agreement outlines what percentage of your recovery the lawyer will receive. In San Diego, this typically ranges from 33% to 40%, depending on the case complexity and whether litigation is involved.

Attorney Builds Your Case

Your attorney gathers evidence, negotiates with insurance companies, and prepares for trial if necessary, all without any upfront payment from you.

Settlement or Trial

If the case settles or ends in a favorable court verdict, your attorney receives their agreed-upon percentage from the final amount recovered.

You Get Paid

After legal fees and any necessary deductions (like medical liens or case expenses), the rest of the compensation goes to you.

What Does the Contingency Fee Cover?

The contingency fee covers your attorney’s time, legal strategy, communication, negotiations, and courtroom representation. In other words, everything your lawyer does to fight for your financial recovery is rolled into that percentage.

However, case expenses, like filing fees, expert witnesses, or medical records, may or may not be included in the contingency fee. At DP Injury Attorneys, we’re upfront about how these costs are handled, and we never surprise you with hidden charges.

What If You Don’t Win?

If your case doesn’t result in compensation, you don’t pay any attorney’s fees. That’s the heart of the contingency model. While some firms may still require you to cover certain case costs, others, including DP Injury Attorneys, often advance these costs and absorb the risk.

That means we’re invested in your success, because we only get paid if you do.

Why Personal Injury Lawyers Use Contingency Fees

Contingency fees help level the playing field. After a car crash, slip and fall, or serious injury, most people can’t afford to pay an attorney by the hour. The contingency model ensures that everyone has access to skilled legal help, regardless of financial background.

Benefits include no out-of-pocket costs to get started, less risk for the client, motivated legal representation, access to a lawyer even if you’re financially stretched, and a shared goal of securing maximum compensation.

Typical Contingency Fee Percentages in San Diego

While the exact percentage may vary, here are some general benchmarks:

  • Pre-lawsuit settlement: 33.3% (1/3 of recovery)
  • Filed lawsuit/litigation: Up to 40%
  • Appeal process (if necessary): May be higher due to increased time and resources

At DP Injury Attorneys, we are transparent about our fee structure and will walk you through your agreement in plain English before you sign anything.

What Makes DP Injury Attorneys Different?

Not all San Diego injury lawyers operate the same way. Some may tack on hidden costs or take a bigger share of your recovery. At DP Injury Attorneys, we do things differently.

Transparent Agreements

We make sure you understand every detail before signing. No confusing fine print. No surprises.

Client-First Communication

We keep you informed every step of the way, whether your case settles quickly or takes longer to resolve.

Strategic Advocacy

We don’t just settle to collect a fee. Our firm prepares every case as if it’s going to trial to get you the highest compensation possible.

You Keep More

Because we’re efficient and focused on results, our clients often walk away with more in their pocket compared to firms with bloated overhead or lazy litigation practices.

Questions to Ask Before Signing a Contingency Fee Agreement

Before hiring a personal injury lawyer on a contingency basis, ask:

  • What percentage will you charge if the case settles before trial?
  • Will the percentage change if we go to trial or appeal?
  • Who pays for expenses like expert witnesses or filing fees?
  • If we don’t win, will I owe anything out-of-pocket?
  • Will I receive a written breakdown of how the recovery is distributed?

These questions protect your interests and help ensure you’re working with a trustworthy firm.

At DP Injury Attorneys, we answer every question clearly and never pressure you into signing anything. You deserve to feel confident in your legal representation.

Common Myths About Contingency Fees

Let’s clear up a few misconceptions:

“Contingency fees are too expensive.”

Fact: If you don’t win, you don’t pay. And the percentage is clearly agreed upon ahead of time.

“Lawyers just want to settle quickly to get paid.”

Fact: A reputable personal injury lawyer, like the ones at our firm, will pursue the best outcome, even if that means going to trial.

“I could get more money without a lawyer.”

Fact: Studies show that injury victims who hire a lawyer often receive significantly more compensation than those who go it alone, even after fees are deducted.

Ready to Talk? We’re Here to Help

If you’ve been injured in San Diego and want to know whether you have a case, reach out to DP Injury Attorneys for a free consultation. We’ll explain exactly how our contingency fee works and what you can expect from the process.

You have nothing to lose, and potentially a lot to gain.

Call now or fill out our contact form to get started.

Let’s fight for the justice and compensation you deserve, without the financial stress.

Author Bio

Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.

Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.

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