HomePersonal InjuryHow Contingency Fees Work in Texas

How Contingency Fees Work in Texas

If you have been injured in an accident, you know how quickly the bills can pile up: doctor bills, hospital bills—and all those bills you are unable to pay because you can’t work; including your rent or mortgage, utilities, cell phone, car payments and others.

Especially in this stressful time, you wonder not only how you’ll ever be able to catch up, but how in the world you’re going to be able to afford a lawyer who can help you get compensation from the person or entity who caused you to be injured in the first place.

In Texas, personal injury attorneys generally help by taking your case on a contingency fee contract. Not only does this arrangement help you get the compensation you need and deserve for your injuries, it does so without additional financial pressure.

What are contingency fees?

When you work with one of our League City, Texas, personal injury attorneys, we do not charge upfront fees, because we take your case on a contingency basis. Simply put, this means that we only get paid if we recover damages for you, including making sure that you are fully compensated for your medical bills, lost wages, and property damage, as well as fighting for your “non-economic” damages, such as pain and suffering or emotional distress. We work to get you the best possible compensation, and when we do, then—and only then­—do we get reimbursed for our services.

The advantage for you: No worrying about how you will pay legal fees or expenses while you’re recovering. Your legal team is motivated, ready, and experienced in getting you the best possible outcome.

How do contingency fees work?

With a contingency fee, the lawyer invests time, effort and money in your case.  If you win the case, the lawyer’s fee and expenses are paid from the settlement or jury verdict.  If you lose, the lawyer is not paid for the time and expenses put into your case. In other words, the lawyer is directly invested in winning your case.

When choosing a personal injury lawyer, find out how he or she will handle your case and the specifics of any contingency agreement, including:

  • In addition to the attorney fee, what expenses are included in the contingency fee? 
  • Will the attorney explain the contingency agreement, so that you feel comfortable with all the terms?
  • Does the attorney have significant experience in handling cases like yours?

No matter what your legal issue, it’s always important that you feel comfortable with the attorney you choose to represent you, and that he or she will give your personal injury or wrongful death case the highest degree of attention and respect.

What is the contingency formula in Texas?

A contingency fee contract must be in writing.  The contract must state the fee percentage along with the type of expenses that will be charged in addition to the fee percentage.  The contract will further identify if the expenses are deducted before or after the contingent fee is applied to any recovery.  Finally, any contingent fee contract must state that if there is no recovery the client owes the attorney no money. 

While there is no hard-and-fast rule about the contingent fee, the fee is generally determined by the type of case, and when the case is resolved.  A standard fee in an automobile wreck case may be 33 1/3 percent.  A standard fee in a products liability case may be 40 percent. Additionally, these fees may increase if the case is not resolved until after a lawsuit is filed.   

Learn more about how contingency fees work, and how our skilled Texas personal injury lawyers can help you

We have helped those harmed as the result of accidents caused by the negligent or reckless behavior of others for 50 years. We take personal injury lawsuit cases on a contingency basis, as we have found this is the fairest and best situation for our clients—especially when facing off with insurance companies who have large legal departments and deep pockets.

To learn more about our contingency fees and to find out how we may be able to help you get the best possible outcome, please call us at 281-645-5000 or contact us online to schedule a free and confidential consultation.

Practice Areas

Client Reviews


“I am a survivor of the March 23, 2005, BP explosion. Knowing my life had just been changed in an instant and not knowing what was to come was extremely unsettling. So when the time came to find legal representation, I chose Burwell Nebout personal injury attorneys from League City, Texas. Knowing they are from the Galveston County area made this an easy choice. Russ and Jimmy assured me they would do all things possible to help me and my family get through this most difficult time. Once again, I’d like to thank these men and their staff for their professional knowledge and guidance throughout those tough times. I know without a doubt I made the right choice.”

David Laymance
Santa Fe, Texas


“My company has faced disputes that require the litigation process to achieve resolution. I chose Russ and Jimmy to represent me not only for their ability to guide us through the process in a cost-efficient manner with the goal of resolution, but also with the comfort of knowing they have the skills and expertise to try the case.”

Will Watt
Friendswood, Texas


“Thank you for the excellent work performed by you and your staff in helping our company each step of the way in our pursuit of seeking reimbursement from BP due to our losses from the Deepwater Horizon oil spill. The presentation of the facts as well as the unknowns with each turn of the roller coaster has been greatly appreciated. I cannot thank you enough for the work you put into this nor credit you enough for the polish and professionalism in the way you did it.”

Doug Vingoe
Houston, Texas

Case Results

Automobile Accident

$19.2 million

Two clients killed as a result of a special defect in the shoulder of the roadway. A state court jury trial resulted in a $19.2 million verdict.

Premises Liability

$10 million

Children that attended school on a former toxic dump site made claims for exposure injuries. $10 million settlement.

Liberty County Record Verdict

Record-setting verdict

Two high school seniors were on their way home on a stretch of road that had been the subject of repeated complaints to the Texas Department of Transportation (TXDOT) about the poor condition of the shoulder. When the students entered a curve, the poor condition of the shoulder resulted in a crash that killed one and severely brain-damaged the other. A trial against the Texas Attorney General’s office resulted in the discovery of altered records, a spoliation instruction, and a record-setting jury verdict for Liberty County.

Get In Touch With Burwell Nebout

There Is No Firm More Qualified to Fight for You!