Comparison
Contingency Fee vs Hourly Lawyer Fees
How injury lawyers usually get paid
Top Tier Legal, LLC is not a law firm and does not provide legal advice. Comparisons are for general information only. Outcomes depend on individual facts and applicable law. Most personal injury and mass tort plaintiff lawyers work on contingency: a percentage of any recovery, with no attorney fee if there is no recovery (costs treatment varies). Hourly billing is more common in defense work, business disputes, and some family or criminal matters.
Read the fee agreement
Contingency percentages, whether the fee is taken before or after costs, and who pays experts if you lose should be in writing. Never rely on a verbal promise of a specific settlement amount.
Top Tier Legal does not charge for case review. If a referred firm offers representation, that firm's written agreement controls fees—not this website.
Contingency vs hourly
| Factor | Contingency fee | Hourly billing |
|---|---|---|
| When lawyer is paid | Typically from recovery only | As work is performed (invoices) |
| Upfront attorney fee | Usually none | Retainer and hourly rates common |
| Typical injury use | Plaintiff PI and mass tort | Uncommon for plaintiff injury; more for other matters |
| Risk of no recovery | Lawyer may receive no fee (costs may still be owed—check contract) | Client still owes time billed |
| Transparency tip | Confirm percentage tiers and cost treatment | Confirm rate, billing increment, and retainer refill |
When Contingency fee may fit
- You have a potential injury claim and cannot fund hourly litigation.
- A plaintiff firm is willing to evaluate the case on contingency.
When Hourly billing may fit
- You need advice on a non-contingency matter (contracts, some appeals, business counseling).
- You are hiring counsel to defend a claim rather than pursue one.
FAQ
- Does contingency mean the case is free?
- Not always. Attorney fees may be contingent, but case costs (records, experts, filing) can be handled differently. Read your agreement.
- Does Top Tier Legal take a contingency fee from me?
- Top Tier Legal does not charge consumers for case review. Any attorney fee would be with a law firm under that firm's agreement.
Related pages
Free case review
See if you may qualify for a referral to an independent law firm. No obligation.
Start free case review