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Most people who have been in an accident worry about how to pay for a lawyer. Contingency fees solve that problem. With a contingency fee agreement, you pay your lawyer nothing upfront. Your personal injury lawyer only gets paid if you win money in your case. This is the standard way personal injury cases are handled in Massachusetts.
What Is a Contingency Fee?
- A contingency fee is a payment arrangement where your lawyer’s fee “is contingent on”, meaning it depends on, winning your case
- If you do not win, you owe the lawyer nothing for their time
- If you do win, the lawyer takes a percenta
Why Do Personal Injury Lawyers Use Contingency Fees?
Personal injury lawyers use contingency fees because they allow injured people to access legal representation without paying up front. These agreements remove the financial barrier that stops many people from pursuing a claim they deserve to win but cannot face on their own. Additionally, contingency fees align the attorney’s interests with yours. Ultimately, the lawyer earns more only if you recover more.
How Much Is a Contingency Fee in Massachusetts?
In Massachusetts personal injury cases, contingency fees are typically 33% of the settlement (one-third). However, it can range between 25-40%. If the case is expected to go to trial or needs an appeal, the percentage may be higher. Always ask your injury attorney to explain the cost and what expenses (court fees, medical records costs) are handled separately.
According to Chapter 231;Section 601 of Massachusetts Law, an attorney shall not take a contingent fee for representing any person in excess of the following limits:
- 40% of the first $150,000 recovered
- 33.3% of the next $150,000 recovered;
- 30% of the next $200,000 recovered;
- 25% of any amount by which the recovery exceeds $500,000.
Are Contingency Fees the Same as "No Win, No Fee"?
Yes. “No win, no fee” and “contingency fee” mean the same thing. You do not pay attorney’s fees if the injury case does not result in a recovery.
What Is Included in a Contingency Fee Agreement?
Ask your personal injury attorney to explain all potential costs, not just the contingency percentage, before you sign. A contingency fee agreement typically covers:
- The attorney’s time and legal work
- Negotiation with insurance companies
- Filing court documents, if needed
- Representation at trial
Not typically included (may be billed separately):
- Filing fees
- Expert witness fees
- Medical record retrieval costs
- Deposition costs
DiBella Law's Guarantee | No Fee Unless We Win
DiBella Law Injury and Accident Lawyers handles all personal injury cases on a contingency fee basis. We are flexible with our contingency agreements and work with our clients to reach a fair and reasonable agreement for both parties. Regardless, you owe us nothing unless and until we recover money for you. We also offer a 30-day trial period, so if you are not satisfied with our services in the first 30 days, you can cancel your agreement with no fees or penalties.