In a contingency fee injury case, you pay your lawyer nothing up front. The fee is a percentage of what is recovered, and it is owed only if the case ends in a settlement or a court award. In personal injury work that percentage is commonly 33 1/3% to 40% of the recovery, and in Nevada it is set by a written, signed agreement. This guide explains what that agreement means for people hurt in Las Vegas, North Las Vegas, Henderson, Reno and the rest of Nevada, with a worked example of what lands in your pocket.
Key Takeaways
- A contingency fee means no hourly bills and no retainer. The lawyer is paid a percentage only if you recover money.
- Percentages are set by contract, not by a single fixed number. A common range in injury cases is 33 1/3% to 40%, and the rate can change if the case goes to trial or appeal.
- The fee and the case expenses are two different things. Ask whether costs come out before or after the fee is calculated, because it changes your net.
- Nevada requires a contingent fee agreement to be in writing and signed by you, and to spell out the percentages for settlement, trial or appeal.
- Our free case review lets you see the terms and ask every question before you sign anything.
Table of Contents
- What a contingency fee is
- How much do personal injury lawyers charge?
- Fees versus case expenses
- What you actually receive: a $25,000 settlement
- Contingency fee vs. retainer vs. hourly billing
- What a good contingency agreement should say
- Who this model fits in Nevada
- Talk to us before you sign anything
- Frequently asked questions
- Sources
What a contingency fee is
A contingent fee is payable only if the case is successful. If the client loses, neither the client nor the lawyer gets paid for the work, although the client may still owe court filing, deposition and similar expenses. That last clause surprises many people, and we come back to it below.
The arrangement is also called “no win, no fee,” and readers often search for it that way. The phrase is a shorthand and an imperfect one. The legal work is free of charge if there is no recovery, but costs are a separate line that depends on your contract.
The model suits injury cases for a plain reason. An injured person facing medical bills and missed paychecks rarely has money to pay a lawyer by the hour for a case that may take a year or more. The American Bar Association notes that because injury cases often demand extensive investigation, a contingency fee may cost less than paying an hourly rate and lets clients avoid paying litigation costs up front.
It also lines up incentives. When the lawyer’s pay rises with your recovery, both of you want the same result: a fair outcome, built on strong evidence.
How much do personal injury lawyers charge?
There is no universal number. The ABA describes the typical personal injury arrangement as a fee of 33 1/3% to 40% of the total amount recovered. Where a particular case falls depends on its difficulty and how far it must go.
A few patterns are worth knowing:
- Stage of the case. Many agreements use a lower percentage if the claim settles before a lawsuit is filed and a higher one once a lawsuit is filed, because the work grows sharply. Trial and appeal are often priced higher still.
- Sliding scales. Some agreements lower the percentage as the recovery grows, so the first slice of a recovery carries one rate and larger amounts carry less.
- Caps set by state rules. Some states regulate the numbers directly. Florida, for example, limits fees in tort cases to 33 1/3% of a recovery up to $1 million before an answer is filed, and 40% afterward. That is a Florida rule, not a national one.
What Nevada says
Nevada’s Rules of Professional Conduct do not fix one percentage for ordinary injury claims. They require that a fee be reasonable, and Rule 1.5 says a contingent fee agreement must be in writing and signed by the client. It must state, in bold type at least as large as the largest type in the agreement, the method used to determine the fee, including the percentages that apply to settlement, trial or appeal.
The same rule bars contingent fees in criminal defense and in divorce, alimony and property settlement matters. That matches the national picture: contingency fee agreements are prohibited in most states for criminal defense and most domestic relations cases. The model is built for injury and similar damages claims.
Nevada’s advertising rules add one more protection. Any lawyer ad or written communication that says a fee depends on the outcome or is a percentage of the recovery must disclose that the client may be liable for the opposing parties’ fees and costs. If you see that disclaimer, it is the rule at work, not fine print to fear.
Fees versus case expenses
This is where most confusion starts. The attorney’s fee pays for the lawyer’s work. Case expenses are the out-of-pocket costs of building and proving the claim: court filing fees, records requests, expert witnesses, depositions, investigators and similar items.
The Florida Bar’s consumer guidance puts it directly: expenses such as filing fees and witness costs are separate from the fee, and the client must pay them even if the case is lost unless the contract says otherwise. Many firms advance these costs during the case and recoup them from the recovery. How yours handles them is a contract term, so read it.
Questions to ask before you sign:
- Does the firm advance expenses, or must you pay them as they come up?
- If there is no recovery, do you owe the advanced costs, or are they written off?
- Is the percentage taken from the gross recovery, or after expenses are subtracted?
- Are there any charges beyond the fee and listed costs, such as for in-house copying or staff time?
In a serious case, such as a semi-truck crash or a product liability claim, expert work can be a large share of the costs. That makes question 3 matter even more.
What you actually receive: a $25,000 settlement
Readers often ask how much of a $25,000 settlement they would keep. The answer depends on the percentage and on the order of the math. The Maryland court system’s self-help guidance warns that the timing of fee calculations relative to expenses can significantly change the client’s final recovery, so the agreement should say which way it works.
Here is an illustration, not a prediction. It assumes a 33 1/3% fee and $2,000 in case expenses. Medical liens and bills are ignored, and they vary by case.
| Step | Fee on gross, then expenses | Expenses first, then fee |
|---|---|---|
| Settlement | $25,000.00 | $25,000.00 |
| Expenses deducted first | n/a | $2,000.00 |
| Fee base | $25,000.00 | $23,000.00 |
| Attorney fee (33 1/3%) | $8,333.33 | $7,666.67 |
| Expenses deducted after fee | $2,000.00 | n/a |
| Left to you | $14,666.67 | $15,333.33 |
The gap is about $667 in this small example, and it grows with the size of the case. Neither method is improper if it is in the agreement. The point is that you should know which one you are signing.
Out of your share, you may also have to repay medical providers or insurers who hold liens or reimbursement rights. A good lawyer works on those balances as part of the case, which can affect what you take home. Ask how the firm approaches them.
Contingency fee vs. retainer vs. hourly billing
Three payment models cover most legal work. They solve different problems.
| Contingency fee | Hourly billing | Retainer | |
|---|---|---|---|
| How it works | Percentage of recovery | Fixed rate per hour of work | Lump sum paid before work starts |
| Money due up front | No | Usually billed as work is done | Yes |
| If the case is lost | No fee, but costs may be owed | Fees still owed | Unused funds may be refunded under the agreement |
| Typical use | Injury, wrongful death, bad faith | Business and defense work | Ongoing or specified work |
Contingency billing gives the lawyer a percentage of the recovery only if the client wins or settles, while hourly billing charges a set rate for time spent. A retainer, by the State Bar of California’s description, may guarantee a lawyer’s availability, cover specified work, or serve as a down payment. It is funded in advance, and the lawyer draws on it as the work is done.
What if someone proposes a mix? Hybrid structures exist, with a reduced hourly rate plus a contingency bonus if the case is won. For an injured person with no income during recovery, a pure contingency agreement is usually the simpler fit, and it is the one most injury cases use.
There is one more rule worth knowing. Under the American Rule, found in many U.S. jurisdictions, each side pays its own legal fees and a winning plaintiff usually cannot collect attorney’s fees from the defendant, absent a specific exception. That is why the fee comes out of your recovery rather than being added on top of it.
What a good contingency agreement should say
The ABA Model Rule 1.5©, which Nevada’s rule follows in substance, requires a contingency agreement to be in writing, signed by the client, and to state how the fee is calculated. That includes the percentages for settlement, trial or appeal and how litigation and other expenses are deducted.
Use this checklist when you read an agreement:
- The percentages. One for settlement, and any change at filing, trial or appeal.
- Gross or net. Whether the fee is figured before or after expenses.
- Costs if you lose. Whether you owe them, and in what amount or under what conditions.
- Scope. What the agreement covers. A car crash claim and a related insurance dispute may be separate engagements.
- Ending the relationship. What happens if you fire the lawyer or the lawyer withdraws, and whether any fee or cost claim follows the case.
- Settlement authority. That you decide whether to accept an offer.
A plain-English agreement is a sign of a firm that wants you to understand it. If a document is vague on any of these points, ask for it in writing before you sign.
Who this model fits in Nevada
In Nevada, the contingency model is how most injury and wrongful death claims are paid for. Examples include:
- A crash on the Strip, the I-15 or US-95, whether a car accident, a motorcycle collision or an Uber or Lyft ride.
- An injury at a resort, hotel or casino, where the property owner has large insurers and a legal team.
- A wrongful death claim brought by a family after a loss.
- A dispute with your own carrier over a wrongly denied or lowballed claim, which can turn into an insurance bad faith case.
These cases arise across Clark County, including Las Vegas, North Las Vegas and Henderson, and in Washoe County around Reno and Sparks, in Carson City and in rural counties like Nye and Elko. Courts, insurers and filing deadlines differ by location and claim type, so confirm the deadline for your claim with a Nevada attorney as soon as you can.
Our perspective on contingency fees
Most people who call us have never hired a lawyer, and the fee is the first thing on their mind. We understand why. You are hurt, the bills are arriving, and the insurance company has already called.
Our team has seen how insurers evaluate and defend claims, and that experience shapes how we prepare every case. We think a contingency arrangement is the fairest way to put that preparation to work for someone who cannot fund a long fight. It means we only do well when our client does well, and it keeps our focus on trial-ready work from the first day.
We believe in talking directly about money. Before you sign, you should know the percentage, how costs are treated and what happens at each stage. We will not promise a result, because no honest lawyer can. We will promise to explain the agreement until it makes sense to you.
Travis
Talk to us before you sign anything
If you were hurt because of someone else’s carelessness in Las Vegas, North Las Vegas or elsewhere in Nevada, Summit Trial Attorneys will review your case at no cost. We represent individuals and families in personal injury, wrongful death, negligent security, product liability and insurance bad faith matters, and we work on a contingency basis.
Start with the free case review, or see the full list of Nevada personal injury practice areas. Bring any fee agreement you have already been handed, from us or anyone else, and we will walk through it with you.
Frequently asked questions
Do I owe anything if we lose?
You owe no attorney’s fee if there is no recovery. Case expenses are different. They are the client’s responsibility unless the contract says otherwise, so check how your agreement treats them before you sign.
Can the percentage change during the case?
Yes, if the agreement says so. Nevada’s rule requires the written contract to state the percentages that apply to settlement, trial or appeal. A common pattern is a higher rate once a lawsuit is filed or a trial begins, because the work and risk increase.
Can I negotiate a lawyer’s contingency fee?
Sometimes. Percentages are set by contract, and firms differ in how they price cases of different size and difficulty. Ask what drives the number, compare the written terms from more than one firm, and weigh the experience behind the percentage, not just the rate.
What if my lawyer withdraws or I change lawyers?
The agreement should say how the fee and costs are handled in that situation. Ask about it before signing and keep a copy. If a dispute arises over fees, the State Bar of Nevada is the body that oversees lawyers in the state.
Is a free consultation the same as a contingency fee?
No. A free consultation is the first meeting where you learn whether a lawyer can help. The contingency fee is the payment arrangement that governs the work after you hire the firm. You can have one without committing to the other.
Sources
- How Do I Settle on a Fee with a Lawyer? (American Bar Association)
- Nevada Rules of Professional Conduct, Rule 1.5
- Attorneys’ Fees (The Florida Bar)
- Contingency Fees (New York City Bar)
- Attorneys Fees in Personal Injury Cases (Maryland People’s Law Library)
- Contingency fee (Cornell Legal Information Institute)
- What to Expect Regarding Fees and Billing (State Bar of California)
- ABA Model Rule 1.5
- How Do Personal Injury Lawyers Get Paid? (Nolo)
- What Is a Contingency Fee? (Nolo)
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- Free Case Review
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- Punitive vs. Compensatory Damages: What Nevada Injury Victims Should Know
- Las Vegas E-Bike & Scooter Injury Lawyers
This article was written with the assistance of AI and should never be treated as legal advice. It is not 100% guaranteed to be correct and you should never fail to contact an attorney based on its contents.
Talk with Summit
If you have questions about an injury in Nevada, our team can discuss your situation.
Request a case reviewGeneral information only; this article is not legal advice and does not create an attorney-client relationship. Past results do not guarantee future outcomes.