How Does a Contingency Fee Work?

Personal injury lawyers in Kentucky work on contingency -- you pay nothing unless we win. Here is what that means, in plain English, including what happens with case expenses. (502) 509-9407.

If you were in a car accident and you are thinking about calling a lawyer, one of the first things you are probably wondering is: how much is this going to cost me?

The answer, for personal injury cases, is usually: nothing upfront. Personal injury lawyers in Kentucky almost universally work on a contingency fee basis.

Here is what that means, in plain English.

The Basic Idea

A contingency fee means your lawyer’s payment is contingent on winning your case.

You pay nothing to hire us. You pay nothing while your case is being worked on. If we do not recover money for you, you do not owe us a fee.

If we do recover money for you – through a settlement or a verdict – our fee is a percentage of what we recover. That fee comes out of the recovery. You receive the rest.

No recovery, no fee. That is the whole deal.

What the Percentage Is

A contingency fee is a percentage of what we recover for you. At Batey Brophy & O’Dea, we explain our fee clearly at the outset, before you decide whether to hire us. There are no surprises.

What About Expenses?

A contingency fee covers the attorney’s fee for their time and work. But cases also have out-of-pocket expenses – things like:

Medical records and reports
Filing fees if a lawsuit is filed
Expert witnesses (if needed)
Deposition costs
Investigation costs

These expenses are handled differently by different firms. Some deduct them from the recovery in addition to the attorney’s fee. Some advance them and are only reimbursed if there is a recovery.

We will explain exactly how we handle case expenses during your free consultation on your personal injury case. You will know the full picture before you decide anything.

Why Contingency Fees Exist

The contingency fee model exists to give injured people access to legal representation they could not otherwise afford.

Litigation is expensive. If injured people had to pay lawyers by the hour – the way you would for a contract dispute or an estate – most people could not afford a lawyer at all. Insurance companies know this. The contingency fee model levels the playing field.

It also means your lawyer’s interests are aligned with yours. We get paid more if we recover more for you. We get nothing if we recover nothing. That alignment matters.

How It Works in Practice

Here is what the process looks like:

1. Free consultation on your personal injury case. You call us, tell us what happened, and we tell you honestly whether you have a case. No charge, no obligation.

2. Representation agreement. If we agree to represent you, we sign a written fee agreement that spells out the fee percentage and how expenses are handled. You receive a copy.

3. We work the case. You focus on recovering. We handle the insurance company, gather evidence, deal with the paperwork, and fight for the best outcome.

4. Settlement or verdict. If your case resolves – through a settlement or a verdict at trial – you receive the recovery minus the attorney’s fee and any case expenses, as specified in the agreement.

5. You see exactly where every dollar goes. You receive a settlement statement that shows the gross recovery, the attorney’s fee, the expenses, and your net amount. Nothing hidden.

Does a Contingency Fee Mean You Pay Nothing, Ever?

For the attorney’s fee: correct – if there is no recovery, there is no fee.

For case expenses: it depends on your specific fee agreement. If expenses were advanced on your behalf and there is no recovery, some agreements provide that those costs are also not charged back to you. Others do not. We will explain ours clearly.

The bottom line: if you call us for a free consultation on your personal injury case and decide not to hire us, you owe nothing. If you hire us and we do not recover, you will not owe us an attorney’s fee. The specifics on expenses will be in your written agreement, and we will walk through it with you.

SSDI cases work a little differently. The attorney’s fee for Social Security disability cases is regulated by federal law – it is a percentage of the back pay you are owed (past-due benefits from the time you became disabled), capped at a statutory maximum set by the Social Security Administration.

If Tim does not win your case, you do not owe a fee. If he wins, the fee is capped and comes out of your back pay, not out of your future monthly benefits.

Frequently Asked Questions

Do I have to pay anything upfront to hire a personal injury lawyer?

No. Personal injury lawyers in Kentucky work on a contingency fee basis. You pay nothing to hire us and nothing while your case is in progress. Our fee comes from the recovery if we win.

What percentage does a personal injury lawyer take in Kentucky?

It depends on the case and the firm. We explain our specific fee clearly at the start of the representation, in a written agreement, before you commit to anything.

What if I can’t afford a lawyer?

A contingency fee means you do not need to be able to afford a lawyer upfront. If we take your case, you pay nothing unless we recover. The point of the contingency fee model is specifically to give injured people access to representation regardless of their financial situation.

What if my case loses?

If we do not recover money for you, you do not owe us an attorney’s fee. The specifics of how case expenses are handled in that scenario are laid out in the representation agreement, which we explain before you sign anything.

Does the contingency fee cover everything?

The contingency fee is the attorney’s fee for legal work. Cases also have out-of-pocket expenses (medical records, filing fees, etc.) that are handled separately. We explain exactly how we handle expenses during the consultation.

How do I know I am getting a fair deal?

Contingency fee percentages are standard across the personal injury industry in Kentucky. More importantly: we put everything in writing before you sign, we explain it clearly, and you have the right to ask questions. A lawyer who will not clearly explain their fee before you hire them is a lawyer you should not hire.

Ready to Talk?

There is no cost to find out where you stand. Call us for a free consultation on your personal injury case. We will tell you honestly whether you have a case, what it might be worth, and how our fee works. No pressure, no obligation.

Batey Brophy & O’Dea, PLLC 161 St. Matthews Ave., Suite 16 Saint Matthews, KY 40207 (502) 509-9407

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This is an advertisement. The attorneys at Batey Brophy & O’Dea are licensed to practice law in the Commonwealth of Kentucky. The information on this page is for general informational purposes and does not constitute legal advice. Contacting this firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

Questions about your specific situation? Call 502-509-9407 or reach out online. Free consultations are available for personal injury and Social Security disability cases.