How Contingency Fees Work
Most personal injury attorneys work on contingency — meaning the fee is a percentage of the recovery rather than an hourly rate. Structures vary by jurisdiction and agreement.
Common Structures
- ✓Pre-suit fee (commonly 33⅓%)
- ✓Post-suit fee (commonly 40%)
- ✓Tiered fees that escalate at trial
- ✓Costs and case expenses billed separately
Fees vs Costs
Fees are the attorney's percentage. Costs are case expenses — filing fees, depositions, expert reports, records — and are typically additional to the contingency fee.
How Insurance Carriers Evaluate the File
Insurance carriers typically review the entire claim file — incident facts, liability, medical records, imaging, treatment timeline, provider notes, wage loss documentation, communication history, and prior medical history. Diagnosis alone rarely determines value; the consistency, completeness, and credibility of the file across time often matters more.
SmartClaim™ does not guarantee outcomes or settlement amounts. The purpose of this material is educational awareness regarding how insurance claims are commonly evaluated and documented. Not legal or medical advice.
Understanding the system before mistakes happen may help preserve leverage later.
SmartClaim™ is a consumer education and strategy platform. It is not a law firm, does not provide legal advice, and does not establish an attorney-client relationship.