A car crash can change your life in seconds — but you don’t have to face recovery alone. After a serious accident, the last thing you should have to worry about is how you're going to pay for a good lawyer. Most Texas personal injury law firms, including The Law Office of Bryan Fagan, PLLC, handle cases on a contingency fee basis. What does that mean for you? It means you pay absolutely nothing upfront, and we only collect a fee if we successfully recover money on your behalf.
Your Path to Justice Should Not Depend on Your Wallet
A car crash can turn your world upside down in an instant. Suddenly, you're dealing with mounting medical bills, lost wages from being unable to work, and constant calls from insurance adjusters. It can feel completely overwhelming. It's no wonder that many Texas families hesitate to seek legal help, fearing they simply can't afford another large expense.
This is precisely where a contingency fee agreement becomes your most powerful tool. Think of it as our "no-win, no-fee" promise that makes justice accessible to everyone, regardless of their financial situation.
How Contingency Fees Work for You
At its core, this system is designed to take the financial risk completely off your shoulders and place it onto ours. We believe in your case enough to invest our own time, money, and resources to fight for you.
Here’s a breakdown of what that means for you:
- No Upfront Costs: You won't pay a single dollar for a retainer or any out-of-pocket fees to get your case started. We handle everything from the beginning.
- Shared Goals: Our payment is directly tied to winning your case. This aligns our goals perfectly—we are laser-focused on securing the maximum compensation possible because if you don't get paid, we don't either.
- Peace of Mind: You can focus on what truly matters: your physical and emotional recovery. Leave the legal complexities to us, from investigating the crash and gathering evidence to going head-to-head with the insurance company.
This system empowers you to get the help you need without financial worry.
Contingency Fees at a Glance
| Key Feature | What It Means for You |
|---|---|
| No Upfront Payment | You don't need any money to hire us. Your case can start immediately. |
| Risk-Free for You | We cover all the costs to build and pursue your claim. If we lose, you owe us nothing. |
| Performance-Based | Our fee is a percentage of the money we win for you. We are motivated to maximize it. |
| Access to Justice | You can afford top-tier legal representation, no matter your financial situation. |
This model ensures everyone has a fair shot at justice.
This arrangement ensures that your ability to hire an experienced Houston car accident lawyer is based on the strength of your case, not the size of your bank account.
Think of it as a true partnership. We front all the necessary costs to build a powerful claim—things like hiring accident reconstruction experts, obtaining medical records, and paying for expert witness testimony. Our fee is simply a percentage of the final settlement or court award we secure for you. This structure levels the playing field, empowering you to challenge massive insurance corporations with a skilled and dedicated legal team in your corner.
Understanding that expert legal help is within your reach is the first step toward taking back control.
Breaking Down the Contingency Fee Percentage
It’s a huge relief to know you can hire a top-tier lawyer without paying a dime upfront. So, what’s the catch? There isn't one, but it's important to understand how contingency fees actually work. This percentage isn't a random number; it reflects the experience, resources, and risk your legal team pours into fighting for you.
The fee an injury lawyer in Texas charges isn't one-size-fits-all. It changes based on how complex your case is and how far it has to go to get resolved. Think of it as a journey with two main paths: settling through tough negotiations or taking the fight all the way to a courtroom.
Standard Fees for Pre-Litigation Settlements
The vast majority of car accident claims never see the inside of a courtroom. This first path involves your attorney digging for evidence, calculating the full extent of your losses (what we call damages), and going toe-to-toe with the insurance company to secure a fair agreement, known as a settlement.
For cases that wrap up at this stage, the standard fee across the industry is one-third, or 33.3%, of the total amount recovered. This is the most common rate because it fairly compensates the law firm for the work of building a powerful claim while ensuring you, the client, keep the lion's share of the money.
In Texas personal injury law, damages refer to the total monetary compensation you are entitled to recover for your losses. This includes economic damages like medical bills and lost wages, as well as non-economic damages for pain and suffering.
Why Fees Increase for Cases That Go to Trial
But what happens when the insurance company won't play fair? Sometimes, they'll dispute who was at fault (a concept called liability), or try to downplay your injuries. When that happens, your Houston car accident lawyer might advise that it's time to file a lawsuit and prepare for trial.
This is the second, more intense path. Taking a case through litigation demands a massive investment of time, money, and legal firepower. Because of this high-stakes commitment, the contingency fee usually increases to 40% if the case is won in court.
This higher percentage covers the exhaustive work involved in:
- Formal Discovery: Taking sworn testimony (depositions) from witnesses, doctors, and the at-fault driver.
- Hiring Experts: Paying for crucial testimony from medical specialists and accident reconstructionists to prove your case.
- Court Filings: Navigating a minefield of complex legal paperwork and unforgiving court deadlines.
- Trial Preparation: Pouring hundreds of hours into crafting arguments, preparing exhibits, and getting witnesses ready to face a judge and jury.
That 40% reflects the enormous financial risk the law firm shoulders to champion your cause in the courtroom.
A Real-World Houston Example
Let’s put this into perspective. Imagine a Houston driver was rear-ended on I-45, and their total damages are $150,000. Here’s how the fee would break down in the two different scenarios:
- Scenario 1: Pre-Litigation Settlement
Your lawyer negotiates hard and secures a $150,000 settlement with the at-fault driver's insurance. The attorney's fee is 33.3% of that, which comes out to $50,000. - Scenario 2: Trial Verdict
The insurance company refuses to make a fair offer, so your case goes to trial. After hearing all the evidence, the jury awards you $150,000. Here, the attorney's fee is 40% of the verdict, which is $60,000.
This structure ensures our pay is directly tied to the amount of work and risk needed to get you justice. While some firms might charge anywhere from 25% to 40%, the 33.3% rate is far and away the most common for cases settled before a lawsuit gets filed.
And here’s something to keep in mind: studies consistently show that accident victims who hire an attorney tend to recover settlements about three times higher than those who go it alone—even after the lawyer's fee is paid. This demonstrates the incredible value a dedicated Texas injury lawyer brings to the table.
Understanding Case Costs vs. Attorney Fees
When you hear our "no-win, no-fee" promise, it’s natural to wonder about the fine print. One of the first things to clarify is the difference between attorney fees and case costs. They sound similar, but they cover completely different things.
Think of building your personal injury claim like building a house.
The attorney's fee is what you pay the architect for their expertise—the skill to design the blueprint and manage the project. In a legal case, this fee pays for your lawyer's time, legal strategy, and negotiation skills.
Case costs, on the other hand, are the raw materials. They’re the out-of-pocket expenses required to build a powerful, evidence-based claim that an insurance adjuster can't ignore.
Here at The Law Office of Bryan Fagan, PLLC, we know you’re focused on healing, not funding a lawsuit. That’s why we typically front all these expenses ourselves. We invest our own resources to gather the "materials" needed to give you the best shot at winning. These costs are then simply reimbursed from the settlement or verdict we secure for you, right alongside our fee.
What Are Common Case Costs?
So, what exactly are these "materials"? While every car wreck case is different, some expenses are almost always part of the fight for fair compensation. Your attorney will use these resources to prove the other driver's liability (their legal fault for the crash) and document the full extent of your damages.
Here are some of the most frequent case costs we handle:
- Court Filing Fees: Official administrative charges to file a lawsuit in the Texas court system.
- Expert Witness Fees: We often hire professionals who can testify for you. This could be an accident reconstructionist who proves how a crash really happened or a medical expert who explains the long-term impact of your injuries.
- Deposition Costs: This involves paying a court reporter to create an official transcript of sworn testimony from witnesses, the at-fault driver, and experts.
- Medical Record Retrieval: We must gather all of your medical records and bills to paint a complete picture of your injuries. Hospitals and clinics charge for these documents.
- Investigation Costs: This can cover hiring a private investigator to track down a witness or paying for professional photographers to document the accident scene.
These costs are a direct investment in the strength and value of your claim.
Without an attorney willing to front these essential expenses, many families would be unable to build the powerful case needed to challenge a massive insurance company. Our firm covers these costs so you can focus on your recovery without financial stress.
How Costs Are Handled in Your Settlement
It’s a fair question: how does all this get paid back? When we win a settlement for you, the funds are first used to cover these items in a clear, transparent process.
First, the attorney's contingency fee is calculated from the total settlement amount. Then, the case costs that our firm advanced are reimbursed from the remaining funds. It's a straightforward system designed to ensure you never have to pay out-of-pocket to pursue justice.
To help you see the difference clearly, here’s a simple breakdown:
Attorney Fees vs. Case Costs
| Expense Type | What It Covers | Example |
|---|---|---|
| Attorney Fees | The lawyer's time, skill, and legal expertise. This is our payment for working on your case. | The 33.3% contingency fee from your final settlement. |
| Case Costs | The out-of-pocket expenses paid to third parties to build and prove your case. | The $500 fee paid to an expert witness to review medical records. |
This structure ensures we take on the financial risk because we believe in you and your case.
Understanding legal expenses can be empowering. While our focus is on accident claims, looking at lawyer costs for other services, like those for a Power of Attorney, can provide helpful context on how different legal needs are funded. And since medical bills are often the largest part of a claim, you might find our guide on who pays medical bills after a car accident useful.
How Medical Liens Can Derail Your Settlement (And How We Stop Them)
Winning a settlement is a massive relief, but it’s not the end of the story. Before that money ever hits your bank account, other hands will reach out for a piece of it. These claims are called medical liens and subrogation interests, and they can take a huge bite out of your recovery if they aren't handled correctly.
Think of it this way: you're injured in a nasty wreck on I-10 in Houston. Your health insurance steps up and pays $50,000 for your hospital bills and surgery. That wasn't a gift—it was more like a loan. Your insurance company now has a legal right to get that money back from the settlement you win from the at-fault driver. That right is their lien.
What Exactly Is a Medical Lien?
A medical lien is a legal tool that lets healthcare providers or insurance companies stake a claim on your settlement funds. They provided a service, and they want to get paid back for it.
Under Texas law, if a hospital treats you for accident injuries, they can file a lien directly against your personal injury claim. This gives them the right to be paid before you are, right out of the settlement money.
Your own health insurance, or government programs like Medicare and Medicaid, have a similar power called "subrogation." It's a legal term that simply means they have the right to step into your shoes and recover the money they spent on your care from the person who caused the wreck.
A huge part of a Houston car accident lawyer's job happens after the settlement is won. We go to battle against these liens to protect your money and make sure you keep as much of your recovery as possible.
This is where an experienced attorney provides incredible value. Hospitals and insurance companies often send bills with inflated, undiscounted rates. We know their tactics, and we know how to fight back.
How Negotiating Liens Puts More Cash in Your Pocket
Let's go back to that Houston crash scenario. You've just won a $150,000 settlement. Almost immediately, a letter arrives from your health insurance company demanding you repay the full $50,000 they covered.
If you were on your own, you'd probably think you have to pay it. That would leave you with a lot less to cover your lost wages, your pain and suffering, and your future needs. But a good Texas injury attorney sees an opportunity.
This is where we roll up our sleeves and get back to work for you:
- We Audit Every Single Bill: First, we demand itemized statements. We scrutinize every charge to make sure it’s accurate, fair, and directly related to the accident.
- We Challenge Inflated Costs: Hospitals have different price lists. We push back hard on unreasonable charges that don't reflect the actual cost of the care you received.
- We Use the Law to Our Advantage: We know the Texas statutes inside and out. We build legal arguments explaining why the insurer should accept a significantly reduced amount, reminding them of the time, cost, and risk we took on to get that settlement in the first place.
Through tough, skilled negotiation, your lawyer might get that insurance company to accept $30,000 instead of their initial $50,000 demand. Just like that, an extra $20,000 goes straight into your pocket. This isn't just an extra service; it's a fundamental part of how a great personal injury lawyer truly maximizes what you take home.
So, How Much Do I Actually Take Home?
When we finally get a settlement offer or a jury verdict, it’s a huge moment of relief. But the first question on everyone's mind is, "How much of that money actually ends up in my pocket?" It's a fair question, and the answer is all about transparency.
Let's break down exactly how we get from that big "gross" settlement number to the final amount you receive. The process involves a few straightforward deductions, which we’ll walk through together.
This diagram shows the basic flow: we secure the settlement, fight to reduce your medical bills, and then get the final funds to you.
Example 1: The Pre-Lawsuit Settlement
Imagine you were hurt in a rear-end collision at a busy Houston intersection. The other driver’s insurance company was tough, but after hard-nosed negotiation, we get them to offer $100,000 before we have to file a lawsuit.
Here’s a clear breakdown of where that money goes:
- Gross Settlement: We start with the full $100,000.
- Attorney’s Fee (33.3%): Our fee for settling before litigation is one-third.
- $100,000 x 0.333 = $33,300
- Case Costs: Our firm fronted $5,000 to build your case, paying for an accident reconstruction expert and gathering all your medical records. We get reimbursed for this from the settlement.
- Medical Liens: The hospital and your health insurance company had liens on your settlement totaling $25,000. A key part of our job is to negotiate these down. We successfully reduced them to just $15,000, which means an extra $10,000 stays with you.
Now for the final math.
Your Net Recovery Calculation:
$100,000 (Gross Settlement)
– $33,300 (Attorney's Fee)
– $5,000 (Case Costs)
– $15,000 (Paid Medical Liens)
= $46,700 (Your Take-Home Amount)
Example 2: The Trial Verdict
Let's change the scenario. What if the insurance company refused to be reasonable? We take them to court, and the jury sides with you, awarding a $250,000 verdict.
Going to trial involves more work and resources, so the fee and costs are higher, as outlined in our agreement.
- Gross Verdict: The jury awards $250,000.
- Attorney’s Fee (40%): Our trial contingency fee is 40%.
- $250,000 x 0.40 = $100,000
- Case Costs: Trial is expensive. We advanced $20,000 for expert witness testimony and other litigation expenses. This is reimbursed from the verdict.
- Medical Liens: Your medical bills were significant, with liens totaling $60,000. We went to bat for you again and negotiated them down to $40,000, saving you another $20,000.
Let's see what your final take-home amount looks like.
- Gross Verdict: $250,000
- Minus Attorney's Fee: -$100,000
- Minus Case Costs: -$20,000
- Minus Medical Liens: -$40,000
- Your Final Net Recovery: $90,000
These examples show how every dollar is accounted for. There are no hidden fees or surprises. To learn more about the factors that shape these initial settlement offers, check out our guide on the average car accident settlement in Texas.
As you can see, keeping track of every bill and receipt is critical. To make this easier, it helps to learn how to effectively organize all your related expenses and receipts. Good records ensure we account for every penny you're owed. At The Law Office of Bryan Fagan, PLLC, our entire focus is on putting the maximum amount of money back in your pocket where it belongs.
Your Free Consultation is the Most Important First Step
After everything you’ve been through, the last thing you need is more confusion or a bigger financial burden. That’s why the single most important step you can take right now is scheduling a free, no-strings-attached consultation with an experienced Texas injury attorney. It costs you nothing and gives you the clarity you need to decide what’s next.
This initial meeting is your chance to tell your story in a safe, confidential space. We're here to listen. More than that, it’s an opportunity for you to get straight, honest answers about your legal rights under Texas law.
What to Expect in Your Free Meeting
During our conversation, we'll cut through the legal jargon and get right to what matters. We will talk about the potential strengths of your claim, walk you through how we would investigate the accident, and give you a completely transparent overview of the legal road ahead.
Our goal is to demystify accident lawyer fees and the entire claims process. You will leave our meeting knowing exactly how our contingency fee agreement works.
At The Law Office of Bryan Fagan, PLLC, our promise is simple: you will never pay a single fee unless we win your case. This ensures you can get top-tier legal help without any upfront cost or financial risk.
Don’t let worries about money stop you from seeking the justice you and your family deserve. Taking this one step is an act of empowerment. To help you get ready for this important conversation, we’ve put together a guide with the best questions to ask a car accident lawyer during your consultation.
Facing the aftermath of a serious crash is overwhelming, but you don’t have to do it alone. Contact us today to schedule your free, confidential case review and find out how we can fight for you.
Common Questions About Accident Lawyer Fees
After a car crash in Texas, you're going to have a lot of questions. It's completely normal. Most of the families we help are worried about the cost of hiring a lawyer, and we want to tackle those concerns head-on with direct, honest answers.
What Happens If I Lose My Case? Do I Owe Anything?
This is the number one fear that keeps good people from getting the help they deserve. Let me put your mind at ease: our firm works on a contingency fee basis. Think of it as our "no-win, no-fee" promise to you.
If we don't win a financial recovery for you—whether that’s through a settlement or a jury verdict—you owe us absolutely nothing in attorney fees. We shoulder the financial risk of pursuing your case because we believe in it. We also make sure you understand exactly how case costs are handled in that scenario, so there are never any surprises.
Can I Negotiate the Contingency Fee Percentage?
That's a fair and smart question to ask. While there's a general standard in Texas—usually 33.3% before a lawsuit is filed and 40% if the case goes into litigation—we believe every case is unique and deserves an open conversation.
The final percentage can shift based on things like how complex the case is, the expected costs, and the level of risk we're taking on. For instance, a complex truck accident claim is a much bigger fight than a straightforward rear-end collision where fault is clear. We always encourage you to bring up any questions about fees during your free consultation. You should feel 100% comfortable and informed.
Your relationship with your attorney should be a partnership built on trust. Never be afraid to ask for clarity on any part of the fee agreement. A good lawyer will welcome the conversation and want you to understand every detail before you sign anything.
Why Not Just Handle the Insurance Claim Myself?
It's tempting to think you can save money by dealing directly with the insurance company, but this is almost always a costly mistake. The insurance adjuster’s job is to protect their company's bottom line by paying you as little as possible.
Hiring a Houston personal injury attorney instantly levels the playing field. We take over all the phone calls and paperwork, stopping you from accidentally saying something that could damage your claim. More importantly, we meticulously document and calculate all your damages—every medical bill, future treatment cost, lost paycheck, and the very real value of your pain and suffering. Then we fight to get you that full amount.
Study after study shows that accident victims who hire a lawyer recover significantly more money than those who go it alone, even after accident lawyer fees are paid. We take on the fight so you can focus on what truly matters: getting better.
The legal system can feel overwhelming, but you don't have to navigate it alone. The experienced Texas injury attorneys at The Law Office of Bryan Fagan, PLLC are here to fight for your rights and get you the compensation you and your family deserve. We handle everything on a contingency basis, which means you pay us nothing unless we win your case.
Contact us today for a free, no-obligation consultation to find out how we can help.
