How Plaintiff Lawyers Get Paid
Most people have heard the phrase “no fee unless you win,” but few understand what that really means in civil lawsuits. Here’s how plaintiff-side lawyers (like me) are paid and why the system exists.
Contingency Fees: Leveling the Playing Field
In nearly all personal injury, medical malpractice, and insurance bad faith cases, plaintiff lawyers work on a contingency fee basis. That means:
You don’t pay anything up front.
The lawyer only gets paid if you recover money.
The fee is a percentage of the recovery, usually one-third to forty percent. In the most complex, expensive, and labor-intensive cases, fees can range as high as 45%.
This arrangement is the only way ordinary people can take on wealthy hospitals, corporations, and insurance companies. If you had to pay a lawyer hundreds of dollars an hour just to get started, most cases would never be filed.
Why Percentages Vary
Amount of attorney investment required – The more money and time attorneys must put into a case (with the risk of losing it all), the higher the fee.
Early settlement – If a case settles quickly, the fee may be lower.
After trial or appeal – If the case requires years of work, the percentage is often higher.
Expenses vs. Fees
In addition to the fee, there are case expenses (court filing fees, expert witnesses, depositions, medical records). In most firms, the lawyer advances those costs and gets reimbursed only if the case is successful.
Why Contingency Fees Matter
Without contingency fees, the courthouse would be closed to most people. Insurance companies and corporations know this — which is why they lobby to restrict fees. But the system has survived because it is the only realistic way for families to fight for justice.