Contingency vs. Hourly: How Injury Lawyers Are Paid
How a lawyer is paid matters, and it should never be a barrier for a grieving family. These cases are handled on contingency rather than hourly — here is the difference.
Contingency fees
The lawyer is paid a percentage of any recovery, and only if there is a recovery — no fee if the case does not succeed. This means no upfront cost, and it aligns the lawyer's effort with a meaningful result for your family.
Hourly fees
The client pays for the lawyer's time regardless of outcome, usually with a retainer up front. That is common in business matters, but it would be wrong to ask a grieving family to pay out of pocket — which is why these cases do not work that way.
The bottom line
For survival actions and wrongful death claims, contingency is the norm: no upfront cost, no fee unless the firm recovers for you, and a free, confidential first conversation. The firm advances the costs of building the case.
Frequently asked questions
Do we pay anything up front?
No. The review is free, and with a contingency arrangement the fee comes only out of a recovery — if there is none, you do not owe an attorney fee. The firm advances the costs of building the case.
This is general information about Survival Actions 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 survival actions.
Not sure which applies to you?
A quick, confidential review can help you decide — about two minutes, no cost, no obligation.