How Contingency Fees Work: What Survivors Actually Pay

Reviewed by Abuse Justice Center · Updated 2026-10-28

The core idea: no recovery, no fee

A contingency fee means the attorney's payment is contingent on winning. As the American Bar Association explains, in a contingent-fee arrangement the lawyer agrees to accept a fixed percentage of the recovery - the money finally paid to you. If you win, the fee comes out of that recovery. If you lose, you don't owe the attorney a fee for their work.

For survivors, this removes the biggest barrier to justice: cost. You don't need savings, you don't get hourly bills, and you don't pay the attorney out of pocket. The attorney is investing their own time and resources in your case and is paid only if they succeed.

What the percentage typically looks like

Contingency percentages in personal injury and abuse cases commonly fall in a range, often around one-third (roughly 33%) and sometimes up to about 40%, depending on the case and how far it goes. The ABA notes the fee is typically 'often one-third' of the recovery.

Many agreements use a sliding scale: a lower percentage if the case settles early, a higher percentage if it requires filing suit or going to trial, which involves far more work and risk. The exact percentage is set out in a written fee agreement you review and sign before the work begins - and you can ask questions about every line.

Fees vs. costs: an important distinction

The attorney's fee is separate from 'case costs' - the out-of-pocket expenses of running a lawsuit. These typically include:

• Court filing fees
• Costs of depositions and court reporters
• Expert witness fees (e.g., trauma or institutional-practices experts)
• Record-retrieval, investigation, and copying costs

Who pays the costs along the way

In most contingency arrangements, the law firm advances these case costs as the case progresses, so you don't pay them out of pocket. When the case resolves, those advanced costs are reimbursed to the firm out of the recovery - typically in addition to the fee.

Because costs reduce your net recovery, it's worth understanding how your agreement handles them: whether costs come out before or after the fee is calculated, and what happens to advanced costs if the case is unsuccessful. A clear agreement spells this out, and a good attorney walks you through it.

A simple way to read your fee agreement

Before signing, make sure you understand these points - and ask if anything is unclear:

• What percentage applies, and whether it changes if the case is filed or tried
• Whether the percentage is calculated before or after case costs are deducted
• Who advances case costs, and whether you owe them if there's no recovery
• What happens with any liens (e.g., medical or insurance) on the recovery
• How and when you'll receive a written accounting of the final distribution

Why this matters for survivors

Contingency fees exist so that the strength of your case - not the size of your bank account - determines whether you can pursue justice. They align the attorney's incentives with yours: they only get paid if you do. That's why a free, no-obligation consultation costs you nothing and carries no financial risk.

Abuse Justice Center is a free information resource, not a law firm, and does not give legal advice; a licensed attorney in your state can review your situation, and you can ask any attorney how they charge before you agree to anything. For confidential, 24/7 support, RAINN's hotline is 800-656-4673.

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