Most attorneys who handle personal injury cases do so on what is known as a contingency fee basis. This means the attorney’s payment is directly tied to the outcome of the case. Firms like Herrman and Herrman, PLLC, along with many other personal injury law firms, only get paid if their client successfully recovers compensation through a settlement or court judgment. Simply put, if the client does not get paid, the attorney does not get paid.
This arrangement significantly reduces the financial burden on clients, especially those who may already be dealing with medical bills, lost wages, and other expenses following an injury. In situations where no insurance coverage can be found for the at-fault party, firms like Herrman and Herrman will not charge any attorney’s fees at all. While this approach is common across many personal injury firms, larger firms often have the financial capacity to invest more resources into thoroughly investigating claims, hiring experts, and building stronger cases.
Typical Contingency Fee Percentages
Herrman and Herrman, PLLC operates on a 35% contingency fee basis, which is fairly standard in the industry. However, it is important to note that some law firms—particularly in regions like South Texas—may charge higher percentages for similar services.
The contingency fee model has been widely used for many years, particularly in plaintiff-side litigation. Under this system, the law firm assumes both the financial risk and responsibility of pursuing the case. They may cover costs such as filing fees, expert witness expenses, and investigation costs, all with the understanding that they will only recover those expenses if the case is successful.
How Settlements Are Typically Divided
In many personal injury cases, especially those involving “pain and suffering” damages, the settlement is often divided among several parties. A common breakdown looks like this:
- Approximately 35% goes to the attorney as their contingency fee
- Roughly one-third may go toward medical expenses or physicians
- The remaining portion goes to the plaintiff (the injured party)
In some cases, the attorney’s portion may be shared among multiple law firms if there were referrals or collaborative efforts involved. These arrangements are usually governed by agreements between the firms and are disclosed to the client.
Why Contingency Fees Benefit Clients
Contingency fee arrangements are often described as one of the most accessible ways for individuals to pursue legal action. Because there are no upfront attorney’s fees, clients can seek justice without worrying about immediate out-of-pocket costs.
This is especially important when compared to corporations or wealthy individuals, who can afford to pay attorneys by the hour. The contingency system helps level the playing field by allowing everyday people to hire experienced legal representation regardless of their financial situation.
Limitations of Contingency Fee Agreements
While contingency fees are common in personal injury and other tort cases, they are generally not allowed in certain types of legal matters. For example, most jurisdictions in the United States prohibit contingency fee arrangements in:
- Criminal defense cases
- Family law matters, such as divorce or child custody
This is because these areas of law involve different ethical considerations and do not typically result in monetary settlements that can be shared.
Final Thoughts: Should You Be Concerned?
In short, there is no reason to be wary of a contingency fee agreement. In fact, it is often one of the most client-friendly payment structures available. It allows individuals to pursue claims without financial strain and ensures that their attorney is motivated to achieve the best possible outcome.
Ultimately, contingency fees provide injured individuals with access to quality legal representation—without the stress of paying upfront—making it possible for anyone, regardless of financial standing, to seek justice and fair compensation.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF 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.
ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
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