Contingency FeesTexas Injury GuideFees, Liens & Your Net~5 min read

How Contingency Fees Work in Texas, and How to Know Your Lawyer Isn’t Taking More Than the Deal

A contingency fee means you pay us nothing up front and nothing at all unless we win. What comes out when we do should fit on a single statement you can read in a minute.

How contingency fees work in Texas is simpler than the fear around it. When we resolve your case, every dollar fits on one settlement statement: what the case brought in, what we are paid, what the case cost to build, what your doctors are owed, and what is left for you. We hand you that page and read every line with you.

At J. Alexander Law you pay $0, and once we win we agree on a fair percentage

$0
Out of pocket to start
33%
Standard before suit
40%
Standard in litigation
No fee
Unless we win

A contingency fee ties our pay to your result. We advance the cost of building your case and take an agreed percentage of what we recover, but only if we recover. If your case brings in nothing, you owe us no fee, and because we work on a true no fee unless we win basis, you are never billed for the case costs we advanced either. One detail we make sure you have straight up front: the percentage is figured on the gross recovery, the full amount before deductions, not on the smaller net you take home.

The cases we take on a contingency basis

Almost any injury case with a money claim behind it can be taken on a contingency basis: car and truck accidents, motorcycle wrecks, slip and fall injuries, defective products, medical malpractice, and wrongful death. The fee works because it is drawn from the recovery itself, so a client who could never pay an hourly rate can still put a lawyer against an insurance company. Cases with no money recovery to draw from, such as criminal defense, most family law, and immigration matters, are the ones that cannot be taken on a contingency fee.

Common questions

Does a contingency fee really mean you pay nothing in Texas?
A contingency fee is a fee your lawyer only collects if you win. You pay nothing up front and nothing out of pocket while the case is built, and the firm takes an agreed percentage of what it recovers. If the case recovers nothing, you owe no fee. In Texas the percentage is most often about one third before a lawsuit is filed and closer to 40 percent in litigation, and it must be put in writing.
Can there be any negatives to a contingency fee lawyer?
The tradeoff is that you give up a share of a winning result in exchange for paying nothing up front, carrying no hourly bills, and owing no fee at all if the case loses. The fee is also figured on the gross recovery, the full amount before deductions, not on the smaller net you take home. For most injured people that trade still favors them, because they could not fund an hourly lawyer against an insurer, and the firm only earns when they do.
If the case loses, who’s responsible for all the costs the firm paid?
In a true no fee unless we win arrangement, if the case recovers nothing you owe no attorney fee, and the firm absorbs the case costs it advanced, so you do not get a bill for records or experts. This is worth confirming in writing, because a few agreements make the client responsible for costs even in a loss. Ask the question directly before you sign.

We put your settlement on one page you can read, the way we did for LaToya

The most anxious moment of a claim is usually the end of it, the day it settles and you finally learn what you keep. LaToya’s version of that moment is on camera below. Her case was a car accident, and the video is her case manager walking her disbursement statement from the top down: the amount her case settled for, then the attorney’s fees and case expenses, then the full amount her providers billed and the lower figure we negotiated them down to, and last, under a sticky note, the number that was hers to take home. Her hands were shaking. It was, in her words, way more than she expected.

That single sheet is your written settlement statement, sometimes called a disbursement statement. The only surprise it should ever hold is the kind LaToya had, never a charge no one mentioned, because we put the fee in writing and told you about the liens along the way.

LaToya’s settlement reaction · car accident clientWatch ▶

LaToya shares her individual experience in her own words. Every case is different, and past results do not guarantee a similar outcome.

What one page looks likeIllustration · not a case result
Line on your statementExample
Gross settlement$30,000
Attorney fee, 33% before suit−$9,900
Case costs, records and experts−$1,200
Medical liens and bills, after negotiation−$4,000
Your net to keep$14,900

What the same math does to a $20,000 check

On a $20,000 settlement resolved before suit, you would keep close to $9,000. The one third attorney contingency fee takes about $6,600, roughly $1,000 repays case costs, and medical bills negotiated down to about $3,400 come out last, which is what leaves near $9,000 in your pocket. On $50,000 the order is identical, but filing suit moves the fee from about $16,500 at one third to $20,000 at 40 percent, so see the full $50,000 settlement take-home breakdown for the liens, tax, and comparative fault detail.

These are round numbers for illustration; your statement shows your actual figures.

Once you sign the settlement release, the money does not come straight to you, and knowing the path keeps the wait from feeling like a red flag. The insurer sends the funds to our trust account, usually within a couple of weeks. From there we pay the case costs, finish clearing your medical liens, and cut your check for the net, so the whole thing often runs about two to six weeks from signing. Liens are the usual holdup, especially Medicare or Medicaid, which is why we start negotiating them early to get your money to you sooner.

We educate you on where every dollar goes

Three deductions come off the gross recovery in a fixed order before you reach your net, and you are entitled to see each one: the fee first, then the case costs, then the liens.

  • The attorney fee. The agreed percentage of your recovery, and nothing more than your signed agreement with us states.
  • Case costs. What we advanced to build your case: medical records, expert reports, filing fees, and deposition costs. These come back out of the recovery, and we itemize every one so nothing is a guess.
  • Liens and unpaid bills. Money your providers are owed. A hospital can place a medical lien on your recovery for emergency care under Texas Property Code Chapter 55, and a health insurer, Medicare, or Medicaid can seek repayment through subrogation, which simply means their right to be paid back out of your settlement for bills they already covered. Part of our job is negotiating these down before you ever see your net.

In LaToya’s case, that reduction did not go to us, it went straight into what she kept.

Common questions

What is the average contingency fee in Texas, and when does it reach 40 percent?
For personal injury cases the standard contingency fee is most often about one third, or 33 percent, before a lawsuit is filed, and closer to 40 percent once the case moves into litigation. The State Bar of Texas requires the fee to be reasonable and in writing, so a percentage above the 40 percent norm is worth asking about before you sign.
After fees and bills, how much of your settlement do you actually keep?
You keep the gross recovery minus three things: the contingency fee, the case costs your firm advanced, and any medical liens or unpaid bills your providers are owed. What is left is your net. The exact amount depends on your written fee agreement and your medical balances, and a lawyer who negotiates your liens down raises the number. Ask for an itemized settlement statement so every deduction is visible.
Sue or settle: what does filing do to your fee and your recovery?
Most injury claims settle without a filed lawsuit, which keeps the fee at about one third and resolves the case faster. Filing suit raises the fee to around 40 percent and takes longer, so it is worth it when the insurer’s offer does not reflect the documented harm and the case is strong enough that readiness to try it will move the number. A lawyer who builds every file as if it will be tried can settle from strength rather than filing out of desperation.

How we at J. Alexander Law honor you

You should never need a law degree to check your own lawyer. Here is what we do for you without being asked, and what any firm truly on your side should.

  • We put the fee, the case costs, and the plan for your liens in writing before you sign.
  • We tell you when a demand goes out and what it asks for, so you are never guessing about your own case.
  • We return your call the same day or the next business day, from someone who already knows your file.
  • We send an itemized settlement statement at the end and read you through every line.
  • We negotiate your medical liens down instead of passing them straight through to you.
  • We turn down a low first offer when your file supports more, rather than closing fast.
  • We remember whose case it is: saying yes or no to any settlement offer is your decision, never ours.

Common questions

Should you ever have to chase your lawyer for an update?
You should never have to. A firm doing right by you tells you when a demand goes out, what it asks for, and where the case stands, without waiting for you to call. You are always entitled to ask, and a clear same day or next business day answer from someone who knows your file is the standard to expect, not a favor.
Can your lawyer settle your case without your permission?
No. The decision to accept or reject any settlement offer is yours alone, not your lawyer’s. A lawyer negotiates, tells you what an offer is worth, and can recommend for or against it, but under the Texas rules of professional conduct they cannot settle your case without your authorization. If you ever feel pushed to say yes, that pressure is a reason to slow down, not a reason to sign.

Tell your own lawyer everything, including facts you think hurt your case, and say as little as possible to everyone else; for the specific things never to say to an adjuster or post on social media while your claim is open, see our guide to dealing with insurance companies in Texas.

Signs that the other firm isn’t doing a great job

We want you to spot the opposite pattern just as fast. Any one of these is a reason to ask hard questions or get a second opinion.

Red flags and what they mean
Red flag
The fee was never put in writing.
Why it matters
A verbal percentage can quietly change at disbursement, and you will have nothing to point to.
Red flag
Deductions on your statement no one told you about.
Why it matters
Costs and liens should be explained as they happen, not sprung on you at the end.
Red flag
Pressure to accept the first offer fast.
Why it matters
A quick close serves a firm clearing volume, not a client with a documented injury.
Red flag
You cannot get a copy of your own settlement statement.
Why it matters
It is your money and your document. A firm that hides it is hiding something.
Red flag
A fee above the 40 percent litigation norm with no reason given.
Why it matters
Fees can vary, but an unexplained higher cut means you are paying for something no one named.

Common questions

How do you know if your lawyer is taking money from you?
The clearest tests are the fee agreement and the settlement statement. The fee should be in writing before you sign, and at the end you should get an itemized statement that lists the gross recovery, every deduction, and your net. If you cannot get a copy of that statement, if deductions appear that no one explained, or if the fee is higher than agreed, ask directly, and if the answer does not add up, get a second opinion or contact the State Bar of Texas.
Can fees change if you try different firms?
No. Whether you switch firms or a case is referred out, you still pay a single contingency fee, not one for each lawyer. If you change lawyers partway through, your old firm can claim a share of that one fee for the work it already did, but that share is settled between the lawyers and comes out of their portion, so your percentage does not go up and you never pay twice. Get one written fee agreement that names who is handling your case and confirms the total percentage you pay.

Understanding the math behind your fees in Texas matters, and we aim to help

We give you two free ways to put the numbers back in your own hands.

Run the offer through the numbers Before you accept anything, put the figure through our Texas Settlement Offer Analyzer to see whether it covers your medical bills and lost wages or just closes your file cheaply.

Then verify any lawyer, including us. Under the State Bar of Texas rules a contingency fee must be reasonable and put in writing, and every fee agreement is held to that standard. You can confirm an active license, read any public grievance history, and file a grievance yourself through the State Bar of Texas. For the full checklist on vetting a firm before you hire, read our guide to how to choose a Texas personal injury lawyer.

The 80/20 rule has nothing to do with your fee

The 80/20 rule for lawyers is a business observation, not a fee. It describes the idea that about 80 percent of a firm’s results come from about 20 percent of its cases, and it never sets what a client pays. Your percentage is the contingent fee written into your signed agreement, most often one third before suit and 40 percent once a lawsuit is filed.

Common questions

Are there any caps on contingency fees in Texas?
Texas does not set a single fixed percentage cap for most personal injury cases, but the State Bar of Texas requires every fee to be reasonable under its rules, which is why an unexplained cut above the 40 percent litigation norm is worth questioning. Some situations, such as a claim involving a minor, require a judge to approve the fee before it is paid.
If you go above 40 percent, is that normal for Texas litigation fees?
For a case in litigation, 40 percent is the Texas norm rather than an overreach, because a filed lawsuit takes far more work than a pre-suit demand. What matters is that the number was agreed in writing and that the step up from about one third to 40 percent is tied to the case actually being filed. A percentage above 40 with no reason given is the part worth questioning, not the standard 40 percent itself.

At J. Alexander Law, we put our name behind every dollar

Josh Alexander, founder of J. Alexander Law Firm

Josh Alexander

Founder · J. Alexander Law

Marine Corps veteran · From the attorney’s desk

I am Josh Alexander. I opened J. Alexander Law Firm in 2017 (Texas Bar No. 24086984) after serving as a Marine in Operation Iraqi Freedom, and I built it around a rule I do not bend: no client should ever have to take a number on faith. A settlement is your money, so you see every figure that touches it, the fee, the costs, the medical bills we negotiated down, before a single dollar moves. Matthew Graham, our Managing Litigation Attorney, runs every file to it.

Let’s break down the math, where you stand now and what your fee should look like

A free case review is a conversation with us about your situation and your money: what happened, what you are owed, and what a fair fee would look like on one page. No fee unless we win.

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The information on this page is for general information purposes only and is not legal advice. Reading this page or contacting J. Alexander Law Firm does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome.