If you’re in a position where you need to acquire an attorney, you’re likely stressed. There’s also some added stress, especially when you start to think about the financial undertaking of hiring an attorney. Many lawyers charge a high retainer fee or hourly fee. However, some other lawyers may attempt to make their services more affordable and accessible by charging a contingency fee. Contingency fees may sound scary at first but can actually come in handy. It would help if you always weighed the pros and cons of hiring an attorney. Especially those working on a contingency fee before hiring them.
What Percentage Do Lawyers Take for a Personal Injury Case?
If you’ve been injured in an accident in Texas and are considering legal action, one of the first questions you might have is: “What percentage do personal injury lawyers take?” At Herrman & Herrman, P.L.L.C., we understand how stressful this time can be, and we believe in giving clients clear, upfront information—starting with how legal fees work.
How Do Personal Injury Lawyers Get Paid?
At Herrman & Herrman, like most personal injury firms in Texas, we work on a contingency fee basis. This means that you don’t pay anything unless we win your case. We advance the costs to pursue your claim, and we only collect our fee as a percentage of the final settlement or court award.
Contingency Fee Definition
It’s important to understand what a contingency fee is if you find yourself in the market for lawyers. A contingency fee essentially means that a client only has to pay their attorney if they are awarded damages. Or reach a settlement with the opposing party in their case. This type of fee structure is fairly common in personal injury cases. As those cases often involved the prospect of being paid out for costs associated with an injury. If you do not win your case, on the other hand, you do not have to pay the attorney you retained.
Standard Contingency Fee Percentages in Texas
While contingency fees can vary slightly depending on the complexity of the case or stage of resolution, the typical fee in Texas for a personal injury case is:
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35% if your case settles before a lawsuit is filed.
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40% if a lawsuit is filed or the case goes to trial.
These rates are common across Texas, and at Herrman & Herrman, we will always clearly outline your fee agreement before you sign anything.
Are There Any Upfront Costs?
No. When you hire Herrman & Herrman, there are no upfront legal fees. We cover the costs of investigating your claim, gathering evidence, hiring experts, and handling court filings. If we don’t recover compensation for you, you don’t owe us anything.
However, certain case expenses—such as filing fees, expert witness charges, or costs related to medical records—may be reimbursed out of your settlement or award once the case is resolved. All of this will be explained to you during your free consultation and in your agreement.
Benefits of Contingency Fees
One key benefit of contingency fees is that you do not have any out-of-pocket costs upfront for an attorney. You only need to pay if you end up winning some compensation from your case. Another benefit of hiring an attorney with a contingency fee is that it can be seen as an incentive for winning your case, which would trigger a fee to be paid out to them. Contingency fees can also make the attorney’s price more predictable to the client, as it is an agreed-upon percentage of the overall award from the case.
Drawbacks of Contingency Fees
The only major drawback of contingency fees is for the attorney who charges them. If an attorney takes on a case and they do not win their client anything, they are left with no payout for themselves.
How Do Contingency Fees Work in Other States?
While our focus is on Texas, it’s worth noting that contingency fee rules may vary in other states:
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California: Similar to Texas, 33% is typical before litigation, and up to 40% once a lawsuit is filed.
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Florida: The fee is generally 33⅓% of the first $1 million if settled before the defendant responds, and 40% afterward.
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New York: Often capped at 33⅓% across the board for personal injury cases.
Each state may also have different rules around what qualifies as a fair and reasonable fee. Some states, like Florida, regulate percentages based on settlement stages and amounts recovered.
Why Choose Herrman & Herrman for Your Personal Injury Case?
With over 100 years of combined legal experience and thousands of cases handled throughout Texas—including in Corpus Christi, McAllen, San Antonio, and the Rio Grande Valley—Herrman & Herrman has the resources and dedication to fight for the compensation you deserve.
When you hire our team, you can expect:
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No fees unless we win
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A clear, written agreement outlining all terms
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Responsive, compassionate support throughout your case
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A legal team with deep knowledge of Texas law
Schedule a Free Consultation Today
If you or a loved one has been injured due to someone else’s negligence, don’t wait. Contact Herrman & Herrman Personal Injury Lawyers today for a free, no-obligation consultation. We’ll explain your rights, answer your questions, and help you understand what to expect—starting with exactly how our fees work.
Contact Herrman & Herrman P.L.L.C. at 361.882.4357
Our firm is equipped with over 100 years of combined experience handling personal injury cases across Texas. Our outstanding record of favorable settlements and verdicts includes over 20,000 successfully resolved cases. Once we take on a case, we are relentless, and you can rely on us to pursue full compensation for you.
- You can trust our attorneys to be compassionate and professional.
- We will fight hard to obtain a fair settlement for you.
- Our firm represents the injured and families who have lost a loved one due to others’ negligent acts.
- We serve as counsel in a range of injury cases – including car, truck, motorcycle, bicycle, pedestrian accidents, premises liability cases, product liability cases, and medical malpractice claims.
- We have the ability to dispatch the Herrman & Herrman Accident Investigative Team to the crash scene to start an investigation and preserve critical evidence.
Our Personal Injury Attorneys are across Texas. Connect with any of our law firms here!
Corpus Christi Office location
Corpus Christi Southside Office location
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 – 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 – 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 – 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 – 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 – 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 – 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 – 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.
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