Jason Stephens | June 3, 2025 | Car Accidents
Personal injury attorneys in Texas usually handle car accident cases for a contingency fee. This type of fee has significant benefits for accident victims since it allows them to hire high-quality legal representation without any upfront costs. Instead, the client pays the lawyer a percentage of any settlement or court award received.
While there is no standard contingency fee, you will likely see some differences in the fees charged by lawyers to handle personal injury claims based on certain key factors.
Factors That Affect Contingency Fees In Fort Worth
The State Bar of Texas regulates contingency fees under Rule 1.04 of the Texas Disciplinary Rules of Professional Conduct. This rule states that lawyers can charge a contingency fee for any type of case except criminal defense. The comments also advise lawyers against contingency fees in family law cases.
However, contingency fees are allowed in personal injury cases, as long as they are reasonable. In Fort Worth, these fees tend to be based on the following factors for car accident claims:
- The time and work required
- The difficulty of the legal questions
- The skill needed to service the client’s needs
- The likelihood that the lawyer must turn down other work to handle the client’s case
- The typical fee in Fort Worth for similar cases
- The stakes of the case and the results produced by the lawyer
- Whether the lawyer had to provide rush services
- The lawyer’s experience, reputation, and abilities
Thus, a more established lawyer might charge a higher percentage than a new lawyer. Similarly, a lawyer might charge a higher fee for a case with higher stakes, like a fatal car accident, compared to a case involving more minor injuries.
Additionally, lawyers can charge a tiered contingency fee. Under this type of fee structure, a lawyer charges one rate to handle your insurance claim before a lawsuit is filed and a different, higher rate to litigate your case. For example, a lawyer might charge a 33.3% contingency fee if your case settles before filing a lawsuit and a 35% contingency fee if it settles after a lawsuit has been filed.
Importantly, Texas requires law firms to provide a written contingency fee agreement to prospective clients explaining the fees they charge. You should review the agreement carefully before signing it so that you understand the percentages you will pay based on the status of your case when it ends.
Legal Fees Vs. Case Expenses
Legal fees are paid to your lawyer as compensation for their time and work. Case costs, also called litigation expenses, are the hard costs associated with your claim. Examples of these costs include:
- Medical record copying fees charged by some doctors and hospitals
- Court filing fees
- Deposition expenses, such as stenographer fees
- Expert witness fees
Your lawyer will typically pay these fees for you so that your case remains on track. At the end of the case, you can then reimburse your lawyer out of your settlement or court award.
The most likely scenario is that you will settle with the at-fault driver and their insurer. The settlement check will go to your lawyer so that they can deposit it in their client trust account. Your attorney may deduct both legal fees and case costs out of your settlement and send the balance to you with a statement describing what they deducted.
Contact Our Car Accident Law Firm in Fort Worth, TX
The best way to determine how much your lawyer will get from your settlement is to discuss fees early in the process. This can help you avoid fee misunderstandings later, and you can compare firms according to their costs as well as the unique skills and experience they bring to your case.
For more information, contact an experienced car accident lawyer at Stephens Law Firm, PLLC to schedule a free consultation.
If you’ve been injured in an accident in Fort Worth and need legal help, contact our Fort Worth and Weatherford car accident lawyers at Stephens Law Personal Injury | Wrongful Death | Truck Accidents to schedule a free consultation.
Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 406
Fort Worth, TX 76107
(817) 420-7000
Stephens Law Personal Injury | Wrongful Death | Truck Accidents – Weatherford Office
109 York Ave Suite #201
Weatherford, TX 76086
(817) 409-7000