A serious accident can change your life in seconds—but you don’t have to face it alone. The financial strain from mounting medical bills and lost wages is overwhelming enough without worrying about how to afford an expert legal team.
That’s why most Texas personal injury lawyers, including The Law Office of Bryan Fagan, PLLC, work on a contingency fee basis. This is a promise to you: you pay absolutely nothing upfront. Our payment is contingent on us winning your case. If we don't recover money for you, you owe us nothing.
You Pay Nothing Upfront: How a Contingency Fee Works
Life can change in an instant after a crash on a Houston freeway or a catastrophic injury at work. You don't have to face the aftermath alone, and you certainly shouldn't have to empty your savings to get expert legal help. The contingency fee agreement is designed to remove that barrier and give you immediate access to justice.

This model is more than just a payment structure; it’s our commitment to you and your family. It ensures our goals are perfectly aligned with yours: securing the maximum compensation possible. We only get paid if we successfully recover money for you, whether through a settlement with the insurance company or a court verdict.
The Power of the Contingency Fee
The contingency fee system exists to give everyone a fair chance, regardless of their financial situation. It levels the playing field, empowering you to take on massive insurance companies with a skilled legal team fighting in your corner.
Here’s what that means for you in practical terms:
- No Upfront Costs: You will never be asked to pay a retainer or hourly fees to start your case.
- No Financial Risk: If we don’t win your case, you owe us absolutely nothing for our time and effort. Zero.
- Shared Motivation: Our payment is a percentage of your recovery, so we are driven to fight for every single dollar you are owed for your injuries and losses.
- Access to Resources: We cover all the upfront costs of building a powerful case, from hiring expert witnesses to paying court filing fees and investigation costs.
For example, after a devastating truck accident on I-45, a family might be facing immense medical debt and the loss of a primary wage earner. A contingency fee allows them to hire an experienced Houston truck crash lawyer immediately, without worrying about adding another bill to the pile.
This arrangement ensures that the quality of your legal representation is determined by the strength of your case, not the size of your bank account. It’s our commitment to making sure every Texan has a fair shot at justice.
Your focus should be on one thing: your recovery. Let us handle the complexities of Texas personal injury law, the negotiations with insurance adjusters, and the fight for your future.
A Detailed Look at Contingency Fee Agreements
Think of a contingency fee agreement as a partnership between you and your attorney. It's a simple but powerful idea: instead of you paying a lawyer by the hour, their fee comes from a pre-agreed percentage of the money they win for you. If they don't secure a settlement or court award, you don't owe them a fee.
This approach makes sure your legal team is 100% invested in getting the best possible result for your case. Our success is tied directly to yours.

Here in Texas, the standard percentage for these agreements usually falls between 33.3% and 40%. This isn't an arbitrary number; it depends on a few key factors, primarily the complexity of your case and the stage at which it is resolved.
How the Percentage Is Determined
Everything will be laid out in a written contract before we begin, so there are no hidden fees or surprises down the road. It’s all about transparency.
The percentage reflects the work and risk involved. Here are the factors that typically influence the final number:
- Case Complexity: A straightforward rear-end car accident case where fault is obvious is very different from a multi-vehicle truck crash involving catastrophic injuries. The more complex a case, the more resources and time are required to prove negligence and win.
- Stage of Resolution: Many fee agreements use a sliding scale. For instance, if we can negotiate a fair settlement before ever filing a lawsuit, the fee might be on the lower end, like 33.3%. But if the insurance company refuses to be fair and we have to go to court—incurring significant litigation costs and dedicating months or years to trial preparation—the percentage may increase to 40% to account for that massive investment of time and resources.
This structure allows us to fight for you no matter what, while keeping you fully informed every step of the way.
When you sign a contingency fee agreement, you get a dedicated legal team on your side without paying a single dollar out of your own pocket. This system lets you focus on what truly matters—your recovery—while we handle the legal battle.
Contingency fees are the foundation of personal injury law because they give everyone, regardless of their financial situation, access to expert legal help.
Sample Contingency Fee Calculations
To make this clearer, here’s a table showing how the math works on different settlement amounts using a standard 33.3% fee. This helps you see how the final numbers break down before case expenses are deducted.
| Total Settlement Amount | Attorney's Fee (33.3%) | Gross Amount to Client (Before Expenses) |
|---|---|---|
| $50,000 | $16,650 | $33,350 |
| $100,000 | $33,300 | $66,700 |
| $250,000 | $83,250 | $166,750 |
| $500,000 | $166,500 | $333,500 |
This model ensures our interests are perfectly aligned with yours—the more we can recover for you, the better the outcome for everyone.
This "no win, no fee" model is what allows a wrongful death lawyer in Texas to help families get justice. It removes the burden of legal fees during an already devastating time, ensuring that the right to hold negligent parties accountable is never limited by an ability to pay.
Understanding Case Costs and Expenses
When you're recovering from a serious injury, the last thing you should worry about is a surprise bill. That's why it's so important to understand the difference between attorney fees and case costs. While the fee pays for your lawyer's work, the case costs are the direct expenses required to build and win your claim.
Think of it like building a house. The attorney's fee is what you pay the builder for their expertise. The case costs are the actual materials—the lumber, wiring, and foundation needed to construct a strong case that can stand up to pressure from the insurance company.
At The Law Office of Bryan Fagan, PLLC, we advance all these costs for you. That means you still pay nothing out of pocket to get your case moving. This lets us start gathering critical evidence right away, without you having to front a single dollar.
What Are Common Case Costs?
Building a powerful personal injury claim involves more than just paperwork. It's about collecting solid evidence to prove the other party’s negligence, bringing in experts when needed, and navigating every step of the legal system. Each of these steps has specific costs that are essential for getting you the full compensation you deserve.
For instance, after a complex catastrophic injury case in Dallas, proving the true long-term impact often requires us to bring in medical experts and life-care planners. Their testimony is a necessary case cost that can make all the difference in your settlement.
Here are some of the most common expenses we cover for our clients:
- Court Filing Fees: Every lawsuit must be officially filed with the court, which involves administrative fees.
- Expert Witness Fees: We frequently hire specialists like accident reconstructionists, doctors, or financial experts whose testimony is needed to prove fault and calculate the full extent of your damages.
- Deposition Costs: This covers the cost of court reporters who create official, sworn transcripts of testimony from witnesses.
- Evidence Gathering: We handle the costs for obtaining official police reports, all of your medical records, and other crucial documents.
- Investigation Services: Sometimes, a case requires us to hire professional investigators to track down witnesses or uncover hard-to-find evidence.
You will never get a bill from us for any of these expenses while your case is ongoing. We track every dollar we spend and give you a transparent, itemized list for you to review when your case is resolved.
How Case Costs Are Reimbursed
Our process is designed for full transparency, so you always have a complete financial picture. Once we secure a settlement or win a verdict for you, the case costs we advanced are simply reimbursed out of the total recovery amount.
This reimbursement happens after our contingency fee is calculated, which is an important detail. Our focus stays exactly where it should be: on getting the largest possible settlement for you. We cover what's necessary to win without ever adding to your financial stress. This commitment is at the heart of how we help families across Texas get back on their feet.
Real-World Examples of Settlement Breakdowns
Seeing how the numbers work in practice can help you feel more confident in the process. To make sense of how fees and costs play out, let's walk through a few common scenarios. These examples will show you exactly how a settlement is divided after a successful case.
First, here's a simple visual guide that shows how the money flows from the total settlement amount.

As you can see, the attorney's fees and the case costs are deducted from the total settlement. What remains is what goes directly to you for your recovery.
Houston Car Accident Settlement Example
Let's imagine you were injured in a rear-end collision on the Katy Freeway in Houston. After tough negotiations, your Houston car accident attorney secures a $90,000 settlement.
With a standard 33.3% contingency fee, here’s how that breaks down:
- Gross Settlement: $90,000
- Attorney's Fee (33.3%): -$29,970
- Case Costs Advanced by Firm: -$4,500 (This covers expenses like court filing fees, medical records, and hiring an accident reconstruction expert.)
- Net Recovery to You: $55,530
This final amount is your money, intended to cover your medical treatment, lost income, and pain and suffering. While this is just one example, you can get a broader perspective by checking out our guide on the average car accident settlement in Texas.
The Role of Medical Liens and Subrogation
A very common question is about outstanding medical bills. If a hospital or your health insurance company covered your treatment, they often place a lien or a subrogation claim on your settlement. This is their legal right to be reimbursed from the money you recover.
But a good lawyer doesn't just hand over the money.
A huge part of our job is to fight back against those liens. We negotiate with medical providers and insurers to get those bills reduced, which means more of the settlement money stays in your pocket.
For example, if you have a $20,000 medical lien, we’ll work to get it knocked down, maybe to $12,000 or even less. That negotiation directly increases your take-home amount and is one of the most valuable services we provide.
Complex Wrongful Death Claim Example
Now, let’s look at a much more complex case, like a wrongful death claim from a commercial truck crash that settles for $1,000,000. Because this kind of case almost always involves intense litigation and a potential trial, the fee is higher—typically 40%.
- Gross Settlement: $1,000,000
- Attorney's Fee (40%): -$400,000
- Case Costs Advanced by Firm: -$75,000 (These higher costs cover things like hiring multiple expert witnesses, taking depositions across the country, and preparing trial exhibits.)
- Net Recovery to the Family: $525,000
Most Texas personal injury lawyers work on a contingency fee, which usually falls between 25% and 40% of the final recovery. The industry standard for cases that settle before a lawsuit is filed is around 33%.
Essential Questions to Ask About Legal Fees
Choosing the right Texas personal injury lawyer is one of the most important decisions you'll make on your road to recovery. Your free consultation isn't a sales pitch; it's your opportunity to interview a potential attorney. You should feel completely comfortable asking direct questions about how they get paid. True transparency is one of the best signs of a trustworthy firm.
Before you sign any agreement, you deserve total clarity on the financial side of your case. Getting your questions answered upfront not only gives you peace of mind but also helps build a strong, trusting relationship with your legal team from day one.
Key Questions for Your Consultation
Treat that first meeting like you’re hiring someone for a crucial job—because you are. Don’t be shy about digging into the specifics of accident lawyer fees. A reputable attorney will welcome your questions and give you straightforward answers. For more advice on this, check out our article on how to find a good accident lawyer, which has extra tips for making a confident choice.
To make sure you have all your bases covered, here’s a checklist of essential questions to bring with you:
- What is your exact contingency fee percentage? Get the specific number. Often, it's 33.3% for cases that settle before a lawsuit is filed.
- Does that percentage change if my case goes to trial? Many firms increase their fee to 40% if the case enters litigation, so you need to know this from the start.
- Who is responsible for case costs if we lose? The answer should always be the firm. You should never be responsible for repaying advanced case expenses if your claim isn't successful.
- How are case costs tracked and documented? Your lawyer should explain their system for keeping a detailed, itemized record of every expense, which you should be able to review.
- Can you give me a rough estimate of potential costs for a case like mine? While every case is different, an experienced attorney can usually provide a general range based on similar cases they've handled.
Asking these direct questions shows you're an engaged client. More importantly, it ensures there are absolutely no surprises down the road, freeing you up to focus on what really matters: your recovery.
At The Law Office of Bryan Fagan, PLLC, we believe in 100% transparency. We will walk you through every line of our agreement, answer all of your questions, and make sure you feel completely informed and comfortable before we move forward together.
How Long Do You Have to File a Claim in Texas?
In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. This deadline is known as the statute of limitations. If you miss this window, you will likely lose your right to seek compensation forever. While there are a few exceptions, it is critical to speak with an attorney as soon as possible to protect your rights.
Your Free Consultation Is the Most Important First Step
A serious accident can turn your world upside down, but you don't have to figure out what comes next on your own. Your free, no-obligation consultation isn't just a meeting—it's your first step toward getting justice and starting your recovery. It’s your chance to get straight, honest answers without any financial risk.
An experienced Texas personal injury lawyer will listen to your story, explain your rights under Texas law (including negligence and comparative responsibility), and give you a straightforward assessment of your claim. It's also the best time to ask all those important questions about accident lawyer fees and case costs.
Taking this first step is an act of empowerment. It puts you back in control, armed with the information you need to decide what’s best for your family's future.
Your Path to Clarity and Confidence
During this confidential meeting, we can help you understand the strength of your case and walk you through the legal process in plain English. You’ll leave with a better sense of your rights and a clear path forward. If you're still wondering about getting a lawyer involved, our guide on when to hire a personal injury lawyer can offer valuable insights.
There's absolutely no cost and zero commitment. Think of it as a supportive space for you to get the clarity you deserve.
Let our dedicated team at The Law Office of Bryan Fagan, PLLC, provide the support you need to move forward with confidence and hope. Recovery is possible, and expert legal help is available right now. We invite you to contact us today to schedule your free case evaluation.
Got Questions About Accident Lawyer Fees? We Have Answers.
We understand. You have questions, and getting clear answers is a huge part of feeling confident about hiring a lawyer. Here are some of the most common questions we hear from clients in Texas about how our fees work.
Is The Contingency Fee Calculated Before Or After Case Expenses Are Deducted?
This is an excellent and important question. In most cases, the contingency fee is calculated based on the gross (total) settlement amount before any case expenses are taken out.
For example, if we secure a $100,000 settlement for you with a 33.3% fee, the attorney's share is $33,300. After that, the case costs we paid upfront are reimbursed from the remaining balance. We make sure this is spelled out clearly in your written fee agreement, so there are no surprises.
What Happens If I Lose My Case? Do I Owe Anything?
Absolutely not. The entire foundation of a contingency fee agreement is our "no win, no fee" promise. If we don't secure a settlement or win a verdict for you, you owe us zero in attorney's fees. It's that simple.
Furthermore, at our firm, you also won't owe a dime for the case costs we advanced on your behalf. This system ensures there is truly no financial risk to you when you decide to pursue the justice you deserve.
Are Contingency Fee Percentages Negotiable?
While fee percentages are fairly standard across the legal industry—they reflect the firm's risk and the extensive resources we pour into a case—there can sometimes be flexibility depending on your case's unique facts.
A very straightforward case where the other party's fault is undisputed might be structured differently than a highly complex lawsuit that could take years to resolve. This is an excellent topic to discuss openly and honestly during your free consultation. Our commitment is to total transparency from the moment we first speak.
A serious accident can turn your world upside down in an instant—but you don’t have to face the aftermath alone. At The Law Office of Bryan Fagan, PLLC, our compassionate Texas personal injury lawyers are ready to listen to your story and give you the clear answers you need. Recovery is possible, and legal help is available. Schedule your free, no-obligation consultation today and let us help you take the first step toward recovery and justice.
Schedule Your Free Consultation with The Law Office of Bryan Fagan, PLLC