What Is a Contingency Fee in a Personal Injury Case?

A contingency fee is a payment arrangement in which a personal injury attorney receives a percentage of the final settlement or verdict instead of charging hourly fees. If the case does not result in a recovery, the attorney does not receive a fee. This structure allows injured victims to hire experienced legal representation without paying anything upfront.

How Contingency Fees Work in Utah

• The attorney and client agree on a percentage before the case begins. The percentage is set in a written fee agreement (Utah Rules of Professional Conduct Rule 1.5(c)).
• Standard contingency fee percentages in Utah personal injury cases range from 33% (one-third) for pre-litigation settlements to 40% or higher if the case goes to trial.
• The fee is calculated on the gross recovery (the total settlement) or on the net recovery after expenses, depending on the agreement. Always confirm which method your attorney uses before signing.
• Case expenses (filing fees, expert witness fees, medical record retrieval, deposition costs) are advanced by the attorney and reimbursed from the settlement, separate from the attorney fee.

What You Pay If the Case Is Lost

Under a true contingency arrangement, you pay no attorney fee if the case is lost. However, some fee agreements require the client to reimburse case expenses even if the case does not result in a recovery. Read your fee agreement carefully and ask your attorney to explain the expense reimbursement terms before signing.

Why Contingency Fees Benefit Injured Victims

• Access: Injured people who cannot afford hourly legal fees ($300 to $500 per hour for experienced attorneys) can obtain representation.
• Alignment: The attorney's compensation depends on maximizing your recovery. Their financial interest and yours are aligned.
• Risk sharing: The attorney absorbs the financial risk of a case that does not result in a recovery.

BAM Injury Law Fee Structure

BAM Injury Law handles all personal injury cases on a contingency fee basis. There is no fee unless the case is won. Attorney Kigan Martineau handles every case personally from intake through resolution. Call (801) 839-5652 for a free consultation.