What 'No Fee Unless You Win' Actually Means in a Personal Injury Case

Why People Hesitate to Call a Lawyer

Every week, someone in the Rio Grande Valley gets hurt in an accident and decides not to call an attorney — because they assume they can't afford one.

It's one of the most expensive assumptions you can make. The reality is that almost every personal injury attorney in Texas, including our firm, works on a contingency fee basis. That means you pay nothing upfront, and we only get paid if we win.

Let's break down exactly what that means.

 

Step 1: The Consultation Is Free

Before any case starts, we sit down with you — in person, over the phone, or by video — and talk about what happened. There's no cost, no obligation, and no pressure. If we think you have a case, we'll tell you. If we don't think we can help, we'll tell you that too.

 

Step 2: We Cover the Costs of Building Your Case

Personal injury cases cost money to investigate and prepare. Medical records have to be obtained. Accident reconstruction experts may need to be hired. Witnesses have to be deposed. Court filing fees have to be paid.

Under a contingency arrangement, the law firm fronts those costs. You don't pay for any of it out of pocket. If we don't win, you don't owe us reimbursement for those expenses.

 

Step 3: Our Fee Comes Out of the Settlement — Not Your Pocket

If we win or settle your case, our fee is a percentage of the recovery. In Texas, contingency fees in personal injury cases typically range from 33⅓% to 40%, depending on whether the case settles before suit is filed, after suit is filed, or goes to trial. The exact percentage will be spelled out in your fee agreement before you ever sign anything.

That percentage comes out of the final settlement or jury award — never out of your savings. You always know in advance what the structure looks like.

 

Step 4: If We Don't Win, You Don't Pay

This is the part most people don't believe until they see it in writing. If we take your case and we don't recover money for you, you don't owe us an attorney's fee. We absorb the cost of the work we did.

This is why personal injury attorneys are very selective about which cases we take. We only take cases we believe have a strong chance of winning — because if we lose, we lose too.

 

What Costs You Might Still Be Responsible For

Contingency fees cover attorney work. They generally do not cover certain third-party costs, depending on the fee agreement. These can include things like court filing fees, deposition costs, and expert witness fees. Some firms advance these costs and deduct them from the settlement at the end. Others handle them differently.

Before you sign any fee agreement, ask exactly:

  • What percentage will the attorney charge?
  • Does the percentage change if the case goes to trial?
  • Are case expenses advanced by the firm or paid by the client?
  • If we lose, do I owe anything?
 

Common Myths About Personal Injury Attorneys

Myth: 'I'll have to pay just to talk to a lawyer.'

False. Initial consultations for personal injury cases are almost always free.

 

Myth: 'The lawyer will keep most of my settlement.'

Studies have shown that injured people who hire attorneys recover significantly more — even after fees — than those who try to settle on their own. The insurance company knows how to negotiate against an unrepresented person.

 

Myth: 'My case is too small for an attorney.'

Most attorneys will tell you upfront whether your case is worth pursuing. There's no harm in asking.

 

The Bottom Line

If you've been hurt in the Rio Grande Valley and you've been putting off calling a lawyer because you're worried about the cost — stop. The call is free. The consultation is free. If we take your case, you owe nothing unless we win.

Ortega Law serves all of Hidalgo and Cameron counties — Alamo, McAllen, Edinburg, Pharr, Mission, Weslaco, and surrounding areas. Call 956-GETHELP or visit 956GETHELP.COM. Hablamos Español.

Categories: