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What Is a Contingency Fee? How Personal Injury Lawyers Get Paid in Texas

What Is a Contingency Fee?

If you’ve been injured in a car accident or another incident caused by someone else’s negligence, you may wonder how you can afford an attorney. The good news is that most Texas personal injury lawyers work on a contingency fee basis, meaning you typically pay nothing upfront.

At Herrman & Herrman P.L.L.C., we represent injury victims on a contingency fee agreement because we believe everyone deserves access to experienced legal representation—regardless of their financial situation.

Simply put:

You generally do not pay attorney’s fees unless we recover compensation for you.

This arrangement allows accident victims to pursue justice without worrying about paying hourly legal fees during an already stressful time.


How Does a Contingency Fee Work?

A contingency fee means your attorney’s fee depends on the successful outcome of your case.

Instead of paying an hourly rate or large retainer, your attorney agrees to receive an agreed-upon percentage of the settlement or court award if your case is successful.

If there is no recovery, attorney fees are generally not owed under the contingency fee agreement.*

Every case is different, so it is important to carefully review your fee agreement and ask questions before hiring any law firm.


Why Do Personal Injury Lawyers Use Contingency Fees?

Contingency fees help make legal representation accessible while aligning the attorney’s interests with the client’s.

Benefits include:

  • No upfront attorney fees
  • Access to experienced legal representation
  • Your lawyer is motivated to pursue the maximum available compensation
  • Financial risk is shared between attorney and client
  • You can focus on healing instead of worrying about legal bills

What Expenses Are Separate from Attorney Fees?

Although attorney fees are generally contingent upon a successful recovery, certain case expenses may be handled separately depending on your agreement.

Examples may include:

  • Court filing fees
  • Medical record retrieval costs
  • Expert witness fees
  • Deposition expenses
  • Investigation costs
  • Accident reconstruction costs

Your attorney should explain how litigation expenses are handled before representation begins.


Why Hiring an Attorney Early Matters

After an accident, evidence can disappear quickly.

Hiring an experienced Texas personal injury attorney as soon as possible allows your legal team to:

  • Preserve important evidence
  • Obtain crash reports
  • Interview witnesses
  • Communicate with insurance companies
  • Calculate damages
  • Protect you from costly mistakes

Early legal representation often places you in a stronger position during settlement negotiations.


What Compensation Can You Recover?

Depending on the facts of your case, you may be able to recover compensation for:

  • Medical expenses
  • Future medical treatment
  • Lost wages
  • Reduced earning capacity
  • Property damage
  • Pain and suffering
  • Physical impairment
  • Emotional distress
  • Wrongful death damages (when applicable)

Every case is unique, and recoverable damages depend on the evidence and Texas law.


Can I Recover Compensation If I Was Partially at Fault?

Possibly.

Texas follows a modified comparative negligence rule.

If you are found partially responsible for the accident, your compensation may be reduced by your percentage of fault. However, if your percentage of responsibility reaches the legal threshold established under Texas law, recovery may no longer be available.

An experienced attorney can evaluate how comparative fault may affect your claim.


Why Contingency Fees Improve Access to Justice

Without contingency fee agreements, many accident victims simply could not afford legal representation.

Medical bills, lost income, vehicle repairs, and everyday expenses often create significant financial pressure after an accident.

Contingency fee agreements help level the playing field by allowing injured individuals to pursue compensation without paying attorney fees upfront.


Why Choose Herrman & Herrman P.L.L.C.?

At Herrman & Herrman P.L.L.C., we understand that an injury can affect every aspect of your life.

Our legal team advances the work necessary to investigate your case, negotiate with insurance companies, and pursue compensation while you focus on recovery.

Our goal is simple:

Always Putting YOU First!

If we recover compensation on your behalf, attorney fees are paid according to your contingency fee agreement. If there is no recovery, attorney fees are generally not owed under that agreement.*


Frequently Asked Questions

What is a contingency fee?

A contingency fee is a payment arrangement where a personal injury attorney is paid only if they successfully recover compensation for the client.

Do I pay anything upfront?

Most personal injury cases handled on a contingency fee basis do not require upfront attorney fees.

What percentage do personal injury lawyers charge?

The percentage varies depending on the law firm and the specific fee agreement. Your attorney should explain the terms before representation begins.

What happens if my case is unsuccessful?

Under most contingency fee agreements, attorney fees are generally not owed if no recovery is obtained. Always review your specific agreement for details.

Are court costs included in the contingency fee?

Not always. Litigation expenses and court costs may be handled separately depending on your fee agreement.

Should I hire an attorney immediately after an accident?

Yes. Speaking with an attorney early can help preserve evidence, protect your rights, and prevent costly mistakes when dealing with insurance companies.

Can I still recover compensation if I was partially at fault?

Possibly. Texas follows modified comparative negligence rules, which may still allow recovery depending on your percentage of fault.

How long does a personal injury case take?

Every case is different. The timeline depends on the severity of injuries, available evidence, insurance negotiations, and whether litigation becomes necessary.

How much is my personal injury case worth?

The value of a case depends on factors such as medical expenses, lost income, future treatment, pain and suffering, liability, and available insurance coverage.

How do I know if I have a personal injury claim?

If you were injured because of someone else’s negligence, you may have a claim. Speaking with an experienced personal injury attorney is the best way to understand your legal options.


Every case is different. Past results do not guarantee future outcomes. This article is for informational purposes only and should not be considered legal advice.

Let Herrman & Herrman Personal Injury Lawyers Help!

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.

If you or a loved one was injured, please contact us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm focused on holding negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus ChristiCorpus Christi South SideBrownsvilleMcAllen, Dallas, San Antonio, Austin, Houston, and Ft. Worth, TX.

We remain by our clients’ side, handling all aspects of their claims and attending to all legal, medical and financial needs. That dedication is combined with experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients are suffering from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation and their overall need for a lawyer.

CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:

Our Texas personal injury lawyers help clients who have suffered injuries in various accidents.

We can help you if you have been harmed by the following:

  • Car accidents â€“ Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
  • Truck accidents â€“ Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
  • Motorcycle accidents â€“ Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
  • Product liability â€“ Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
  • Brain injury â€“ Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
  • Spinal injury â€“ Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
  • Wrongful death â€“ If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
motorcycle accident lawyers

ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.
If you or a loved one was injured, please get in touch with us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm that holds negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus ChristiCorpus Christi South SideDallasBrownsvilleMcAllenSan AntonioAustinHouston, and Ft. Worth, TX.
We remain by our client’s side, handling all aspects of their claims and attending to all legal, medical, and financial needs. That dedication combines experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients suffer from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation, and their overall need for a lawyer.
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Gregory H. Herrman has been committed to providing quality legal representation for injured accident victims in the Corpus Christi area and the Rio Grande Valley for many years. After getting his J.D., Herrman joined a firm in Corpus Christi, handling both plaintiff’s personal injury and insurance defense cases. After five years, he joined his brother, David, and another attorney to form their own law firm committed solely to representing injured accident victims. Herrman has maintained that focus in his practice ever since.

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