If you’ve been injured in an accident in Wisconsin, you may be facing mounting medical bills, lost income, and uncertainty about your future. One of the most common concerns people have before hiring a personal injury attorney is how much it will cost.
The good news? Most personal injury lawyers work on a contingency fee basis, which means you pay nothing unless your lawyer wins your case.
A contingency fee is a type of payment arrangement where a personal injury attorney agrees to represent you without charging any upfront fees. Instead, the lawyer’s payment is contingent on recovering compensation for you.
If your case is successful through a settlement or trial, your attorney receives a percentage of the total recovery. If your case is not successful, you owe nothing for attorney’s fees.
This approach is designed to make legal representation accessible to accident victims regardless of their financial situation.
While the percentage can vary, most personal injury attorneys charge between 33.3% and 40% of the final recovery, depending on the complexity of the case and whether it goes to trial. The exact fee should always be outlined in a written contingency fee agreement, which both you and your attorney sign at the start of the case.
In Wisconsin, contingency fees are allowed and commonly used in personal injury claims. However, attorneys must follow ethical and legal guidelines to ensure transparency and fairness.
According to Wisconsin Supreme Court Rule SCR 20:1.5(c), all contingency fee agreements must:
These rules are designed to protect clients from hidden fees or surprise charges, ensuring the agreement is fair and understandable.
Contingency fees typically cover the attorney’s time, effort, and resources in handling your case.
This includes:
However, other legal costs—such as court filing fees, expert witness fees, or costs for obtaining medical records—are usually separate from the contingency fee. These are called case expenses, and they are generally deducted from the settlement or judgment amount.
Your agreement should clearly explain how these costs are handled. In some cases, the law firm will cover these costs upfront and deduct them from your award. In others, you may be responsible for reimbursing them regardless of the case outcome.
One of the main advantages of a contingency fee arrangement is that it levels the playing field. After a serious accident, most people can’t afford to pay hourly legal fees or upfront retainers.
The contingency model allows injured individuals to:
This model also aligns the lawyer’s interests with yours—your attorney doesn’t get paid unless you do, which provides a powerful incentive to fight for the maximum possible compensation.
Contingency fee arrangements are common in many types of personal injury cases in Wisconsin, including:
Each case type may have unique challenges, but the contingency model ensures victims have a path to justice without being burdened by legal costs upfront.
Not all personal injury lawyers are the same, and choosing the right attorney for your case is crucial.
Here’s what to look for:
Ask questions during your initial consultation to understand how their contingency fee works, what costs might arise, and how they plan to approach your case.
Most personal injury lawyers in Wisconsin offer a free initial consultation, so there’s no risk in exploring your legal options.
Understanding contingency fees can ease the uncertainty of pursuing a personal injury claim—especially when you’re already facing physical, emotional, and financial burdens.
In Wisconsin, contingency fee arrangements make it possible for injured individuals to access quality legal representation without paying anything upfront. By choosing the right attorney and fully understanding the terms of your agreement, you can move forward with confidence knowing your lawyer is invested in your success.
Contact Eisenberg Law Offices, S.C. at (608) 256-8356 to schedule a free consultation and learn more about our contingency fee arrangements.
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