Contingency vs. Hourly: How Product Lawyers Are Paid
Product cases are expensive to bring, which makes how the lawyer is paid especially important. They are almost always handled on contingency — here is why.
Contingency fees
The lawyer is paid a percentage of the recovery, and only if there is a recovery — no fee if the case does not succeed. Crucially, the firm also advances the significant case costs (engineering experts and product testing), so an injured person can pursue a claim without paying out of pocket.
Hourly fees
Paying by the hour, plus the expert and testing costs, would make a product case unaffordable for almost anyone — the costs alone can be substantial. That is why hourly billing is essentially never used for an injured person bringing a product claim.
The bottom line
For product liability, contingency is the norm: no fee unless the firm recovers, and the firm advances the case costs. The written fee agreement spells out the percentage and how costs are handled.
Frequently asked questions
Who pays for the engineering experts?
With a contingency arrangement, the firm generally advances the costs of experts and product testing, which can be substantial, so you are not paying out of pocket to pursue the claim.
This is general information about Product Liability injury claims, not legal advice. Every situation is different.
The law depends on your state
The steps above apply wherever you were hurt. Filing deadlines, fault rules, and limits on damages differ by state — pick yours for what applies to product liability.
Not sure which applies to you?
A quick, confidential review can help you decide — about two minutes, no cost, no obligation.