Contingency Fee Agreements in Personal Injury Cases: What You Need to Know

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January 12, 2026Personal Injury

People who have been hurt in an accident or due to the negligence of another person deserve to seek justice, even if they don’t have the money to afford an attorney. Contingency fee agreements in personal injury cases give accident victims the opportunity to seek legal action, even if they have limited financial resources.

At Weber & Rubano, our legal team has decades of experience, representing clients in both civil and criminal cases. We can provide you with legal advice throughout the process, based on our detailed knowledge of Connecticut’s personal injury laws. Our Connecticut personal injury lawyers can work hard to pursue the compensation you deserve for your injury.

Contingency Fee Agreements in Personal Injury Cases

Contingency Fees Explained

According to the National Safety Council, in 2023, about 62 million people required medical attention for a preventable injury. The National Center for Health Statistics showed over 43 million emergency room visits for injuries, including poisoning.

Personal injury is one of the top legal needs, but many victims do not have the funds to hire an attorney. A contingency fee arrangement allows victims to seek legal action without large upfront fees.

A personal injury attorney who works on contingency will not ask for payment upfront. Their fee is contingent on getting a successful outcome in your case. A successful outcome may mean negotiating with the defendant’s insurance company and getting a settlement without going to court, or it may mean successfully winning your case in court and having a judge set the amount of compensation the defendant must pay.

Contingency Fee Waivers

Connecticut law allows attorneys to take a third of the first $300,000 recovered by a client, followed by additional percentages based on any additional amount of money awarded. If a lawyer wants to be paid more than what Connecticut statute allows, they must ask a client to sign a clear waiver of the statute.

There are very specific reasons for an attorney to ask for a waiver of the fee structure. It may be merited if the case is very complex and the law firm has high expenses and risk throughout the legal process. Some of the factors that may allow attorneys to waive the statutory fee structure include:

  • Complex legal issues
  • Complex medical issues
  • Serious and permanent injury or death
  • The need for extensive investigation and discovery
  • Multiple depositions
  • The need for expert witness testimony

The waiver must be in writing, include clear language, and state the standard fee schedule. The client needs to understand the waiver and sign it before a notary public.

Common Expenses in a Personal Injury Claim

A personal injury case takes more than just the hard work of your legal team. Certain costs associated with the case may also be incurred. Some of the common costs of a personal injury case include:

  • Court fees. There is a fee to file a claim with the New Haven County Superior Court or the Milford Superior Court, along with a fee to have a Connecticut state marshal serve the defendant.
  • Expert witnesses. If your case goes to trial, it will most likely require expert witnesses to present their opinions about the case and the cause of your injury. These witnesses charge a fee for their time and their report. Connecticut General Statute § 52-260 allows for reasonable fees for medical professionals.
  • Depositions. Depositions are pre-trial interviews of witnesses and other parties involved in the case. They require a court reporter and someone to prepare the transcripts, and both are paid for their time.

If your personal injury case does not end with a positive outcome, it’s important to understand that you may be responsible for these expenses. Connecticut’s Rules of Professional Conduct require personal injury lawyers to provide a contingency fee agreement that includes what their client will be responsible for.

Hire a Personal Injury Lawyer

After an injury, the last thing you want to think about is how you’ll afford a lawyer. The contingency fee arrangement makes quality legal representation accessible to any injured person who wants to seek compensation.

When you hire a personal injury lawyer on a contingency fee basis, they can quickly get started on your case and pursue the justice you deserve.

FAQs

What Is a Contingency Fee Agreement for a Personal Injury Claim?

A contingency fee agreement for a personal injury claim is a contract between a personal injury attorney and their client. It details how the attorney is only paid if they obtain compensation. It typically states the percentage of the settlement or court-awarded damages that they will be paid. The agreement should also clarify which costs associated with the case will be deducted.

What Types of Cases Typically Cannot Have Contingency Fee Agreements?

The types of cases that typically cannot have contingency fee agreements are those that do not necessarily have a settlement. Criminal defense cases, divorce cases, and domestic relations cases are some of the common types of cases where attorneys do not work on a contingency. In these situations, they may charge a retainer or an hourly fee.

Why Are Most Personal Injury Cases Handled on a Contingency Fee Basis?

Most personal injury cases are handled on a contingency basis because it allows victims who may have been injured through no fault of their own the opportunity to pursue legal action without any upfront costs. Working on contingency enables access to legal representation for clients who may not be able to afford it.

What Is a Reasonable Contingency Fee?

A reasonable contingency fee depends on the circumstances of the case. Fees for a complex case may be higher because it requires more work. Cases that go to trial often have higher contingency fees than cases that settle out of court. Connecticut General Statutes §52-251c limits the amount of contingency fees attorneys can charge. The statute covers personal injury, wrongful death, and property damage cases.

Contact a Personal Injury Lawyer

If you’ve been injured in an accident or due to the negligence of another person, it can leave you with expensive medical bills, emotional stress, and lost income if you cannot work. The experienced legal team at Weber & Rubano understands how devastating a serious injury can be, and we can pursue the compensation you need to help with your recovery. Contact us today for a review of your case.