Contingency Fee

A contingency fee is a payment structure for legal services where the lawyer’s fee is a percentage of the plaintiff’s awarded damages or settlement. This is the most common fee structure for personal injury cases. The attorney only gets paid if they secure a favorable settlement or verdict for the plaintiff (injured party). If the case is unsuccessful, the attorney does not receive payment for their legal services.

How a Contingency Fee Works

How contingency fees work in Georgia personal injury cases is fairly straightforward. Instead of requiring the plaintiff to pay the attorney an upfront retainer or hourly fee for their services, the attorney agrees to represent the plaintiff on a contingency basis.

This means that the attorney’s fees are calculated as a percentage of the final settlement or verdict obtained on behalf of the plaintiff. This percentage typically ranges from 33% to 40%.

Benefits for Plaintiffs in Personal Injury Cases

The benefits of contingency fees for plaintiffs in Georgia personal injury cases are numerous.

Access to Legal Representation

Contingency fees make it possible for individuals who may not have the financial means to afford legal representation to pursue their personal injury claims. This allows injured parties to have access to experienced legal representation without the burden of paying attorney fees upfront.

Alignment of Interests

Contingency fee arrangements align the interests of the attorney and the plaintiff, as both parties share the goal of achieving the best possible outcome for the case. Attorneys have a financial incentive to maximize the value of the plaintiff’s claim and secure a favorable settlement or verdict.

Risk Mitigation

Contingency fees mitigate the financial risk for plaintiffs pursuing personal injury claims. If the case is unsuccessful and no compensation is recovered, the plaintiff is not responsible for paying attorney fees out of pocket.

How Much Is the Contingency Fee?

The contingency fee percentage in Georgia personal injury cases typically ranges from 33% to 40%. Several factors may influence the amount.

Case Complexity

The complexity of the personal injury case and the amount of time and resources required to pursue the claim can impact the contingency fee percentage. Cases that involve significant legal issues, extensive evidence gathering, and expert testimony may warrant a higher contingency fee.

Potential Recovery

Attorneys may consider the potential recovery amount when negotiating the contingency fee percentage with the plaintiff. Cases with higher potential settlements or verdicts may justify a higher contingency fee percentage, as the attorney’s fees are directly tied to the amount recovered on behalf of the plaintiff.

Legal Experience

The experience and track record of the attorney handling the case may also influence the contingency fee percentage. Attorneys with a proven record of success in personal injury cases may command higher contingency fees based on their expertise and reputation in the legal community.

Expenses and Costs

In addition to the contingency fee percentage, plaintiffs may also be responsible for reimbursing the attorney for any out-of-pocket expenses incurred during the case, such as court filing fees, expert witness fees, and medical record retrieval costs. These expenses are typically deducted from the final settlement or verdict amount before the contingency fee is calculated.


A contingency fee is an arrangement where a personal injury lawyer is paid a percentage of the compensation amount. This means that clients pay no upfront fees. The attorney only receives payment if the case is successful. This system makes legal representation affordable and gives lawyers a strong incentive to maximize the settlement or damages awarded.

Related Case Reference: Arthur J. BLANCHARD, Petitioner v. James BERGERON et al.

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