If you’ve been injured and are considering hiring a lawyer, one of your first questions is probably: what is this going to cost me? It’s an important question, and the answer may be more straightforward than you expect.
By Delaware personal injury attorneys Ashley C. Curran and W. Christopher Componovo
Most personal injury lawyers, including our team at Morris James, work on a contingency fee basis. That means you don’t pay any attorneys’ fees unless we recover money for you. Here’s what that looks like in practice, and what you should know before you hire an attorney.
A contingency fee is an arrangement where your attorney’s payment is contingent, meaning it depends, on winning your case or reaching a settlement. If you don’t recover anything, you don’t owe your lawyer a fee.
This model exists specifically to give injured people access to legal representation without having to pay thousands of dollars upfront. If you’ve just been hurt, missed work, and are facing medical bills, the last thing you should have to worry about is whether you can afford an attorney.
Contingency fee percentages vary by firm, by case type, and by how far a case goes in the legal process. Some attorneys charge a lower rate if a case settles before a lawsuit is filed, and a higher rate if the case proceeds to trial. The higher rate is based on the additional work and risk involved in trying a case.
The specific percentage that a law firm charges should be clearly explained at your initial consultation, before you sign any fee agreement. Do not be afraid to ask questions to ensure you fully understand your financial obligations.
Also, remember that you do not have to hire the first attorney you speak with and you can consult with multiple attorneys to compare services and rates, and find the right fit for you. That said, the attorney offering the lowest fee is not necessarily the right choice, and the attorney offering the highest fee is not necessarily the wrong one either. What matters most is whether the attorney has the skill, experience, resources, and commitment to pursue the best possible outcome for you. A higher overall recovery, even after fees, will likely put more money in your pocket than a lower recovery with a lower contingency rate.
One important caution: no attorney can guarantee you a specific dollar amount of compensation. If an attorney promises you a particular outcome or a set amount of money, that is a serious red flag. The results of any legal case depend on facts, evidence, and circumstances that no one can fully control. Guaranteeing a recovery is not only impossible, it violates attorney ethics rules.
Understanding your net recovery, the amount that actually goes in your pocket, means accounting for more than just the attorney’s fee. Several things can reduce what you take home, and a good attorney will walk you through each of them before you agree to any fee arrangement or accept any offer.
The attorney’s fee. Calculated as a percentage of the gross recovery in a contingency fee arrangement, meaning the total amount before any deductions.
Case costs and expenses. These are out-of-pocket costs advanced on your behalf to pursue the case, such as court filing fees, expert witness fees, medical record retrieval, and investigation costs. How these are handled varies by firm, so ask before you sign.
Medical liens. If your health insurer, Medicare, Medicaid, or another provider paid for treatment related to your injury, they may have a right to be repaid from your settlement. This is called a lien. Negotiating those liens down is an important part of your attorney’s work for you. In some cases, a well-negotiated lien reduction can meaningfully increase what you walk away with, even on a fixed settlement amount. Do not underestimate the value of an attorney who takes this seriously.
Fault allocation. Delaware follows a modified comparative negligence rule, which means that if a jury, or in some cases an insurance adjuster evaluating a settlement, determines that you were partially at fault for your injury, your recovery may be reduced by that percentage. If your share of fault exceeds 50 percent, you may not be able to recover at all. A skilled attorney works to minimize your fault allocation from the very beginning of your claim, building the strongest possible case on your behalf and factoring fault exposure into the evaluation of every settlement offer.
Not necessarily. A lower contingency percentage does not mean more money in your pocket if the attorney lacks the experience or resources to maximize your recovery. Skill matters at every stage: investigating liability, documenting your damages, negotiating medical liens, countering fault arguments, and, if necessary, trying your case before a jury.
What you want is an attorney who will be thorough, reliable, aggressive where it counts, and honest with you about what your case is worth and why. At Morris James, we believe that we are all these things, and that this combination drives our successful outcomes.
When you meet with a personal injury attorney, ask:
Your attorney should be able to answer these questions clearly and without hesitation.
Morris James handles personal injury cases, including car accidents, boating accidents, premises liability, slip and fall accidents, and construction accidents, on a contingency fee basis. You pay nothing upfront and nothing unless we recover compensation for you.
When you meet with a Morris James attorney, we will walk you through our fee structure clearly, explain how costs and liens will be handled, and give you an honest assessment of your case before you commit to anything. As your case moves forward, we keep you informed at every step so you always know where things stand and what to expect next. There are no surprises, and no pressure.
Talk to a Delaware Personal Injury Attorney Today
Morris James is a Delaware firm. When you call us, you will speak with a Delaware attorney who understands Delaware law, Delaware courts, and what it takes to build a strong case in this state. Not an out-of-state case manager. Not a 1-800 intake line. A lawyer who can give you a real, informed review of your situation from the very first conversation.
Consultations are free and there is no obligation to proceed.
Call us at 302.655.2599 or contact us online to get started.
