Free case review(877) 924-2679
Working out what to do

Contingency fees, compared with paying by the hour

Nearly every injury lawyer in California works on contingency, and the reason is not that it is more profitable. It is that the alternative would put representation out of reach of exactly the people who need it.

The two models

ContingencyHourly
Paid whenOnly out of a recoveryMonthly, regardless of outcome
If you loseNo feeYou still owe every hour billed
Who carries the riskThe firmYou
Who funds the case costsUsually the firm, advancedYou, as they are incurred
PredictabilityA known percentage of an unknown numberAn unknown total at a known rate
IncentiveAligned on outcome; the firm earns more if you doAligned on effort; the firm earns the same whatever happens

A contested injury case can involve hundreds of hours. At any realistic hourly rate that is a bill most injured people could not pay — and they are, by definition, out of work and facing medical costs. Contingency exists because the alternative means only wealthy people can bring claims.

What the percentage is paying for

  • Risk. Cases are lost, and the firm absorbs the whole cost when that happens.
  • The cost advance. Filing fees, records, deposition transcripts and expert witnesses are substantial and are generally fronted by the firm.
  • Time, over years. Paid at the end, if at all.
  • Negotiating position. An insurer behaves differently toward a claimant who can credibly file suit.

California requires a contingency fee agreement to be in writing, signed, and to state the rate and how costs are handled, under Business and Professions Code section 6147. Read it. A firm that does not want you to read it is telling you something.

Not sure if you have a claim?

Put in your number. We will call you back and tell you honestly.

or call now
(877) 924-2679

Questions people ask

What if I lose? Do I owe anything?

No fee, because there was no recovery. Whether you owe advanced case costs depends on the agreement — many firms, including ours, absorb them. That is a specific question worth asking of any firm before signing, because practice differs.

Is the percentage negotiable?

Sometimes, and it can vary by stage — commonly lower if a case resolves before suit is filed and higher if it goes to trial, reflecting the work and risk. In a minor's case the court sets the fee rather than the agreement.

Could I pay hourly instead?

Almost nobody offers it in injury work, and for most people it would be a bad idea even if they did. You would carry the entire risk and fund the case while out of work.

Reviewed October 2026 by Simon Aziz Budhwani, Esq., the attorney responsible for this site. Legal statements here name the California code section they rely on, so you can check them rather than trust them. This is information about the law in general, not advice about your situation.

Find out where you stand.

Tell us what happened and we will tell you honestly whether you have a claim worth bringing, what it is likely to involve, and how long it tends to take. The review is free and there is no fee unless there is a recovery.

Call me back

Just your number. Nothing else.

or call now
(877) 924-2679
Call now Free case review