In nearly all personal injury cases, you pay no upfront fees. Instead, the lawyer’s fee is a percentage of the financial compensation we recover for you. This is called a contingency fee agreement. If you do not receive a settlement or a favorable verdict at trial, you owe us no attorney’s fee.
This model was designed for people in your exact situation. It means you have representation without worrying about how to pay for it while your medical bills are piling up. Your financial situation should not prevent you from seeking justice. Our goals become aligned with yours: securing the maximum compensation available for your injuries.
If you have a question about your situation and how this fee structure would apply, call Coates Law Office for a straightforward conversation at (603) 262-5766. The call is free and there are no obligations to work with us.
Key Takeaways for Personal Injury Lawyer Costs
- You pay no upfront attorney fees. Your lawyer’s fee is a percentage of the money recovered for you, so you only pay if your case is successful.
- Attorney fees are separate from case costs. Expenses like court filing fees and expert witness fees are advanced by the law firm and reimbursed from the settlement amount.
- Your fee agreement must be in writing. New Hampshire law requires a signed document detailing the fee percentage and how costs are handled, ensuring there are no surprises.
The Contingency Fee: A Simple Explanation of “No Win, No Fee”
After an injury, you face a flood of expenses like hospital stays, physical therapy, prescription drugs—all while your regular income may have stopped. The idea of adding a lawyer’s bill to that pile feels impossible.
This financial pressure is something insurance companies are aware of. The claim process is long and filled with paperwork, and it’s easy to feel worn down. As bills mount, the temptation to accept a quick, low offer grows, even if it doesn’t cover your future needs. You might feel you have no other choice.
The contingency fee arrangement removes this pressure. It allows you to secure legal help without any upfront cost, leveling the playing field.
What Is a Contingency Fee?
A contingency fee is a payment arrangement that depends on the outcome of your case. Simply put, our payment is contingent on us recovering money for you. You pay nothing to us out of your own pocket. The fee is a pre-agreed percentage taken from the settlement or award we obtain on your behalf.
What Is the Standard Percentage?
We will explain our specific percentage clearly during our first meeting, so you have a complete understanding before moving forward. The exact percentage varies depending on the circumstances of your case.
It Must Be in Writing
Transparency is a professional requirement. New Hampshire’s Rules of Professional Conduct (Rule 1.5) require that all contingency fee agreements be in writing and signed by the client. This document will clearly state the percentage, how other costs will be handled, and what expenses, if any, will be deducted from your recovery. With a written agreement, there are no surprises.
How It Aligns Our Interests
This system means we are on the same team. We are motivated to secure the best possible outcome because our fee is directly tied to the amount we recover for you. We only succeed when you succeed.
Beyond the Fee: What Other Costs Are Involved in a Personal Injury Case?
Did you know that a lawyer’s fee is separate from the direct costs of pursuing a case? These are the out-of-pocket expenses required to build and argue your claim.
A strong personal injury claim requires evidence, and gathering that evidence costs money. These expenses, known as “case costs,” are advanced by the law firm to move your case forward. They may include:
- Filing Fees: These are the administrative charges required by New Hampshire courts to officially file a lawsuit.
- Expert Witness Fees: In many cases, we need to hire professionals like medical doctors, accident reconstructionists, or financial experts. They analyze the facts of your case and provide testimony to support your claim for damages.
- Deposition Costs: A deposition involves taking sworn, out-of-court testimony from witnesses. Costs include payments for court reporters who transcribe the testimony and sometimes videographers.
- Evidence Gathering: This category includes the costs of obtaining all necessary documents, such as your complete medical records, official police reports, and other vital paperwork.
At Coates Law Office, we typically advance these case costs on your behalf. We track them carefully, and they are reimbursed from the settlement after the attorney’s fee is calculated. You do not pay for these expenses out of your pocket while the case is ongoing, allowing you to focus on your recovery without added financial strain.
How Is A Settlement Distributed?
The settlement distribution process involves several deductions from the gross settlement amount before you receive your final check. Here is what to expect:
Step 1: Attorney’s Fee Calculation
Personal injury attorneys typically work on a contingency fee basis, meaning they receive a percentage of your total settlement rather than hourly fees. As mentioned, the standard contingency fee varies depending on case complexity and whether the matter resolves before or after filing a lawsuit. This fee is calculated from the gross settlement amount before any other deductions.
Step 2: Case Cost Reimbursement
Throughout your case, various expenses accumulate including medical record fees, expert witness consultations, court filing costs, and investigation expenses. These case costs are reimbursed from the settlement funds after the attorney’s fee is calculated. Most firms advance these costs during the case and recover them only if the case is successful.
Step 3: Medical Lien Resolution
Health insurance companies, Medicare, Medicaid, and medical providers often have legal rights to reimbursement from your settlement for treatment they provided. These are called liens or subrogation claims. Experienced attorneys negotiate with lienholders to reduce these amounts, often achieving significant reductions that increase your net recovery.
Step 4: Your Final Net Amount
After deducting attorney fees, case costs, and negotiated liens, you receive the remaining settlement funds. Your attorney handles all payments and provides a detailed accounting showing exactly how the settlement was distributed, ensuring transparency throughout the process.
Factors that Alter Your Lawyer’s Contingency Fee Percentage
Settling Before a Lawsuit vs. Going to Trial
The vast majority of personal injury cases settle out of court through negotiation. A lower standard fee typically applies in these scenarios. However, if an insurance company refuses to offer a fair settlement and we must take your case to trial, the workload and costs increase substantially.
To account for this, some agreements state the fee percentage might increase if the case proceeds to litigation and trial. A trial involves a far greater investment of time and resources, including extensive expert witness coordination, complex legal filings, and days or even weeks in court. The higher percentage reflects this increased commitment and risk.
However, despite the increased contingency fee, know that your potential payout after a court judgment tends to be higher. This means that even after your lawyer takes their percentage, you may be left with a higher sum when all is said and done.
Cases Involving Government Entities
Claims against government bodies in New Hampshire sometimes have different rules or even caps on attorney fees. If your situation involves a government entity, we will explain exactly how that affects the process and our fee structure.
What Makes Fees Negotiable
Law firms sometimes offer reduced percentages for cases with clear liability and strong evidence, particularly when quick settlements seem likely. A rear-end collision with obvious fault and documented injuries requires less risk and resources than a complex slip-and-fall case with disputed liability. Some attorneys reduce fees for straightforward cases that settle within specific timeframes, recognizing the reduced workload and faster turnaround.
Higher-value cases also present negotiation opportunities because even reduced percentages generate substantial fees. An attorney might accept a relatively low percentage of a large settlement rather than risk losing the case to a competitor, particularly when the case strength makes success highly probable.
What If I Disagree With the Attorney’s Fee or Deductions?
Disputes about fees are uncommon when everything is clear upfront. But if something doesn’t look right when you review the settlement breakdown, you have options and rights.
Start with your contingency agreement. New Hampshire law (Rule 1.5) requires all fee agreements to be in writing and signed by you. It should spell out:
- The percentage the lawyer will take.
- How case costs are handled.
- Any changes to the fee based on when the case resolves.
Ask for an itemized breakdown. Your lawyer must provide a written accounting showing the gross settlement, their fee, reimbursed costs, lien payments, and your final net. If anything looks unclear, you can ask questions and request supporting documentation.
Still concerned? You can contact the New Hampshire Bar Association’s Attorney Discipline Office or Fee Dispute Committee. They offer free services to review disputed fees and mediate solutions. The goal is transparency and fairness, not conflict.
Clear paperwork, open communication, and a firm that handles things professionally make disputes rare. But if they happen, there are systems in place to protect you.
When Will You Get Your Settlement Check?
You’ve waited this long. The case is finally over. So how long until the money arrives?
Usually, you’ll receive your check within 30 days of the settlement being finalized. But that doesn’t mean the full amount hits your bank account immediately. First, the insurance company needs to issue the funds. Then, your attorney holds those funds in a client trust account, calculates deductions for fees, case costs, and liens, and resolves any final paperwork.
Here’s what affects the timeline:
- Lien negotiations: If you received treatment paid by health insurance, Medicare, Medicaid, or a hospital lien, those entities may have a legal right to reimbursement. Your lawyer can’t release your funds until those liens are resolved, and that can take days—or weeks—depending on the responsiveness of the provider.
- Final approvals and signatures: If a settlement involves a minor or structured settlement, court approval may be required. That adds an extra step, especially in government cases.
- Delays from the insurance company: In rare cases, the insurer may delay sending the check. If that happens, your lawyer can follow up and, if necessary, use legal tools to enforce the agreement.
Once the funds clear and final accounting is complete, you’ll receive a check or direct deposit for your share. You’ll also get a breakdown showing every deduction, so there are no surprises.
If anything slows things down, you’ll know why and what’s being done to resolve it.
Frequently Asked Questions About Personal Injury Lawyer Costs
Is the initial consultation really free?
Yes, absolutely. Your first meeting with us to discuss your case is completely free and comes with no obligation. It is a chance for you to understand your legal options and for us to learn about your situation and see how we help. There is no risk in simply having a conversation.
What if I lose my case? Do I owe anything?
If we do not secure a recovery for you, you do not owe us an attorney’s fee. That is the core of the “no win, no fee” promise. In most cases, you also would not be responsible for the case costs we advanced, but this is a specific detail we will clarify in our written agreement.
How long do I have to file a personal injury claim in New Hampshire?
In New Hampshire, the Statute of Limitations generally gives you three years from the date of the injury to file a lawsuit. While that may seem like a long time, building a strong case takes careful preparation. You must act well before this deadline expires to preserve your rights.
Can I handle my claim without a lawyer to save money?
Remember that insurance companies have teams of professionals working to protect their financial interests. A personal injury lawyer levels the playing field, handles all the complex procedural work, and typically negotiates a higher settlement than an individual could on their own—even after the fee is considered.
Your Path to Recovery Starts with a Simple Conversation
At Coates Law Office, we help people across New Hampshire who are facing difficult circumstances after an injury. We understand the challenges you face because we are part of this community.
Let us handle the legal process so you focus on your health. Call us today for a free, confidential discussion about your case at (603) 262-5766.