How Do Lawyers Get Paid if They Lose a Case?
March 18, 2026 | Sagi Shaked | Personal Injury
The short answer is that most personal injury lawyers do not get paid if they lose a case. Personal injury lawyers typically work on contingency fees, and this means that they only get paid if they win the case.
While they might be able to recoup some of their expenses, they would not receive a legal fee when they lose. Keep reading below to learn all the details about how personal injury lawyers get paid.
How Contingency Fees Work in Personal Injury Cases
After an accident, most victims are left with unexpected medical bills and other expenses. Many of these victims do not have the financial resources to go out and hire a lawyer who requires a large upfront payment.
Thankfully, most personal injury lawyers use contingency fees. By using this type of fee, victims can get access to legal help without needing any upfront money.
When a lawyer charges a contingency fee, they do not require an upfront payment. Instead, the lawyer takes their fee as a percentage of any money they recover for the client.
Fees in personal injury cases can vary, and they often range from 30% to 40% of the total recovery, depending on:
- The lawyer’s experience level
- The lawyer’s success rate or track record
- Your geographic location
- The complexity of the case
- Whether your case settles or goes to trial
Ultimately, contingency fees allow injury victims to pursue justice and compensation without financial risk, ensuring their attorney is motivated to secure the best possible outcome.
How Are Case Expenses Handled If a Lawyer Loses a Case?
There are often numerous expenses required in order to put together and pursue a personal injury claim. These expenses are in addition to your lawyer’s legal fee.
Typical expenses in a personal injury case include:
- Court costs and filing fees
- Cost of depositions
- Medical record expenses
- Expert witness fees
But what happens if the lawyer loses the case? While you will not owe your lawyer a legal fee, with some law firms, you could still be responsible for paying the expenses that were incurred in litigating the case.
Tips for Maximizing Your Compensation
Victims who are hurt because of someone else’s conduct are entitled to recover both economic and non-economic damages.
In order to get the most compensation in your pocket, here are some tips you should follow:
- Seek immediate medical treatment for your injuries. Failure to do so could make it difficult to prove that your injuries were the direct result of your accident.
- Never admit fault for the accident. Even saying simple things like, “I’m sorry,” could be used against you later in the claims process.
- Do not sign anything or give a statement to the insurance company without the help of a lawyer. Some insurance companies will try to entice you into a quick settlement offer that is well below the actual value of your claim.
- Remember that you do not have to hire the first lawyer you speak to. Fees and expenses can vary from one lawyer to the next, so shopping around can sometimes net you more money in your pocket.
By taking the right steps early on and making informed decisions throughout your case, you can protect your claim and put yourself in the strongest position to recover the full compensation you deserve.
Contact a Florida Personal Injury Lawyer at Shaked Law Personal Injury Lawyers for a Free Consultation
At Shaked Law, we offer a “No Win, No Fee” guarantee. This means that if we do not recover money for you, you owe us nothing. If you’ve been injured due to someone else’s negligence, we are ready to help.
If you’ve been injured in an accident in Miami or Aventura, FL, and need legal help, contact our personal injury lawyers at Shaked Law Personal Injury Lawyers to schedule a free consultation.
Shaked Law Personal Injury Lawyers
20900 NE 30th Ave Suite 715 Aventura, FL 33180
(305) 937-0191
Open 24 hours
