How Contingency Fees Work for New Braunfels Injury Claims
A plain-language explanation of how personal injury lawyers get paid and what case costs really mean for your recovery.
If you're hurt after a wreck near New Braunfels, one of the first questions you probably have is how much a lawyer costs. Most personal injury lawyers, including our office, work on contingency, which means you don't pay an hourly rate or a retainer out of pocket to get started.
Instead, the fee comes out of whatever you recover, and only if you recover something. That single fact changes how the whole relationship works, from what the lawyer is motivated to do to how expenses on your case get handled along the way. This article walks through the mechanics in plain terms, so you know what you're agreeing to before you sign anything.
What a contingency fee actually means
A contingency fee is an agreed percentage of whatever money you eventually receive, whether through a settlement or a court award. The lawyer doesn't bill you by the hour, and you don't get invoices while the case is open. The fee is set in a written agreement you sign at the start, and it should spell out exactly how the percentage is calculated.
Because the fee depends on a result, the lawyer only gets paid if you get paid. That aligns your interests: the firm has a direct financial reason to work the case, not just open a file and let it sit. It also means there's no cost barrier to hiring a lawyer right after a crash, which matters when you're already dealing with medical bills and missed work.
Why the percentage isn't always the same
Contingency agreements often build in different percentages depending on how far the case goes. A claim resolved early through negotiation with an insurance company is handled differently, in terms of work and time invested, than one that requires filing a lawsuit, taking depositions, and possibly going to trial. Many agreements reflect that by adjusting the fee if the case moves into litigation.
There's no single standard percentage that applies to every case or every firm, and any lawyer who gives you a number before reviewing your situation is getting ahead of the facts. What matters is that the agreement is in writing, in plain English, and that you understand exactly when and how the percentage might change before you sign.
Fees versus case costs: two different things
People often lump 'lawyer fees' and 'case costs' together, but they're separate. The fee is what the attorney earns for their work. Costs are the actual out-of-pocket expenses needed to build the case, things like obtaining medical records, court filing fees if a lawsuit is filed, expert consultations, and fees for depositions or investigators.
Most firms advance these costs during the case, so you're not writing checks while your claim is pending. When the case resolves, costs are typically repaid from the recovery, and the fee is calculated according to the agreement. Ask your lawyer directly how costs are tracked and repaid in your specific agreement, since practices differ between firms.
What happens if the case doesn't result in a recovery
Under a true contingency arrangement, if there's no settlement and no award, there's generally no fee owed for the lawyer's time. That's the core trade-off of contingency work: the firm takes on the risk of the case not paying off in exchange for a share if it does.
Costs are a separate question, and agreements handle them differently. Some agreements have the client responsible for advanced costs even without a recovery, others waive that. This is exactly the kind of detail you want clarified in writing before you sign anything, not assumed.
Questions worth asking before you sign
Before hiring anyone, ask how the fee percentage is structured and whether it changes at different stages of the case. Ask how costs are tracked, who pays them upfront, and how they're repaid. Ask for a copy of the fee agreement to read on your own time, not just skim in the office.
A lawyer willing to walk you through these mechanics slowly and clearly, without pressure, is telling you something about how they'll communicate throughout your case. If someone rushes you past the fee agreement, that's worth noticing too.
What to remember
- Contingency fees mean you generally don't pay legal fees unless you recover money.
- The fee percentage can change depending on whether the case settles early or goes into litigation.
- Case costs (records, filing fees, experts) are separate from attorney fees and are usually repaid from the recovery.
- Get the fee and cost terms in writing and read them before you sign, not after.
- Ask specifically what happens to advanced costs if the case doesn't result in a recovery.
Common questions
Do I have to pay anything upfront to hire a personal injury lawyer?
Under a contingency agreement, you typically don't pay hourly fees or a retainer upfront. The lawyer's fee comes out of the recovery at the end, and case costs are usually advanced by the firm as the case moves forward.
What if my case doesn't settle or win anything?
Under most contingency agreements, no fee is owed for the attorney's time if there's no recovery. How advanced costs are handled in that situation depends on your specific agreement, so ask about it before signing.
Can the fee percentage change during my case?
Yes, many agreements set different percentages depending on whether the case resolves through negotiation or requires a lawsuit and litigation. The agreement should explain exactly when and how any change applies.
This article is general information for the public, not legal advice, and reading it does not create an attorney-client relationship. Nothing here predicts an outcome or the value of any claim. Laws and filing deadlines differ by state and change over time — talk with a lawyer about your own situation. Attorney advertising.
Need help in New Braunfels?
Tell us what happened. There is no cost to speak with our team, and in-person meetings are available by appointment.