The percentage that a slip and fall lawyer in Texas takes is typically between 33% and 40% of the final settlement or verdict. The exact percentage depends on the specific attorney and case details, such as whether it goes to trial.
One-third of your settlement might sound like a lot for a Houston personal injury lawyer, but an attorney will handle every part of filing a claim, from initial investigations to final negotiations. Contact Omega Law Group Accident & Injury Attorneys to learn more about attorneys’ fee percentages.
How Do Contingency Fees Work?
The vast majority of personal injury lawyers, including Omega Law Group, work on a contingency fee basis. While on contingency, your lawyer will take their fee out of any final settlement or court verdict. When you receive your final check, your lawyer will automatically deduct their fees from the amount and give the rest to you.
The benefit of this arrangement is that you don’t have to pay if you don’t win your case. Contingency fees are so named because the fee is contingent on your lawyer securing a settlement. If you don’t win, then there is no settlement to deduct a fee from.
The main benefit of contingency fee arrangements is that clients can secure legal counsel without incurring upfront costs. Additionally, your lawyer will be incentivized to pursue the highest possible settlement to earn the highest fee.
Average Contingency Fee Percentage
The typical personal injury attorney fee starts at about 33% or one-third of the final injury settlement. That may sound like a lot, but you need to remember the amount of work that goes into filing a claim. For example, a lawyer from Omega Law Group can gather evidence, obtain medical documentation, and handle the administrative burden of claim or lawsuit paperwork.
Attorney’s fees usually start at 33% but may be higher depending on how far the case proceeds:
- Case goes to trial: 40%
- Post-trial appeals: 40%+
The vast majority of personal injury cases resolve before going to a formal trial, so if a lawyer does have different fee tiers, there is a good chance you only pay the lowest ones.
Texas Regulations on Attorney Fees
Attorney fees in Texas are regulated by Texas Government Code 82.065. According to the law, contingency fee arrangements between lawyers and clients must be in writing and clearly express the percentages and calculations involved.
Unlike some states, Texas law doesn’t directly cap contingency fee percentages. But the Texas Disciplinary Rules of Professional Conduct state that fees must be reasonable and in proportion to several factors, including:
- The required time and labor
- Average fees in the industry
- The amount recovered
- The length of the attorney-client relationship
- The experience and reputation of the attorney
- The opportunity cost of forgoing other cases
Other Case Expenses Separate from Attorney Fees
The contingency percentage fee arrangement applies specifically to attorneys’ fees, which is the fee your lawyer charges for their services. Insurance claims and lawsuits may have other costs that are not part of the fee agreement. These are extra costs necessary to build the case, such as:
- Filing fees
- Medical record fees
- Deposition fees
- Fees for expert witnesses
- Investigator’s fees
- Copy fees for documents
The total final amount of money you earn from a settlement is equal to the full settlement amount minus attorney fees and case expenses.
Attorneys’ Fee Deduction Example
Say your total slip and fall injury settlement is $300,000, and your total legal expenses were $5,000. With the standard 33% fee, your lawyer would take about $100,000 for their fee. Taking the remaining $200,000 and subtracting the $5,000.
If the case goes to trial and the fee becomes 40%, the attorney would take $120,000, and you would receive $180,000 – $5,000 = $175,000 as a final amount. A knowledgeable professional from Omega Law Group can estimate the value of your case and associated attorney’s fees.
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Questions to Ask About Legal Fees
Before working with a firm, you need to have a clear understanding of their fee structure. Below are some questions you should consider asking:
- What percentage do you charge, and is it higher if the case goes to trial?
- What are expected other legal expenses separate from attorney fees?
- Are attorney fees calculated before or after deducting non-fee costs?
- Can you provide a written fee contract before beginning?
Contact a Texas Slip and Fall Lawyer from Omega Law Group
Do you have more questions about the percentage a slip and fall lawyer takes in Texas? If so, give the team at Omega Law Group a call. Since opening our doors in 2016, we have helped countless individuals recover their losses after an injury and are here to help you next. Contact us online to speak to a Texas slip and fall lawyer from our firm.
