Most personal injury lawyers in Missouri work on a contingency-fee basis rather than charging an hourly fee upfront. At Roach Law, the agreed attorney’s fee is typically between 33% and 40% of the compensation recovered. If there is no recovery, you owe no attorney’s fee. Your written agreement will also explain how case expenses are handled.
When you’re already dealing with medical bills, time away from work and the financial consequences of an injury, hiring a lawyer can sound like another expense you can’t afford.
Personal injury representation usually works differently. Rather than paying an attorney by the hour or providing a large retainer upfront, you may be able to hire a lawyer on a contingency-fee basis.
But the percentage is only part of what you need to understand.
Before hiring an attorney, you should know:
- Whether you have to pay anything upfront
- What percentage the lawyer will receive
- Whether that percentage can change
- How case expenses are handled
- What happens if no compensation is recovered
Here’s what that means for someone considering a personal injury claim in Missouri.
Talk to Roach Law About Your Personal Injury Claim
What Is a Contingency Fee in a Personal Injury Case?
A contingency fee means the attorney’s fee depends on recovering compensation for the client. Instead of paying the lawyer an hourly fee while the case is being handled, the client agrees that the attorney will receive a specified percentage of the compensation recovered through a settlement or verdict.
At Roach Law:
- You do not pay an attorney’s fee upfront
- The attorney’s fee is an agreed percentage of the recovery
- If we do not recover compensation for you, you do not owe an attorney’s fee
Learn more about how a St. Louis Personal Injury Lawyer can help after an injury caused by negligence.
What Percentage Does a Personal Injury Lawyer Take in Missouri?
There is no single contingency-fee percentage that every Missouri personal injury lawyer charges.
At Roach Law, the agreed attorney’s fee is typically between 33% and 40% of the compensation recovered.
The exact percentage that applies will be explained in the fee agreement before representation begins.
Missouri’s Rules of Professional Conduct require attorney fees to be reasonable and place specific requirements on contingency-fee agreements. A contingency agreement must be in writing and explain how the lawyer’s fee will be calculated.
A 33% or 40% contingency fee is therefore not a Missouri-mandated rate. It is part of the agreement between the attorney and client.
Can the Contingency Fee Change if Your Case Goes to Court?
It can, but a contingency fee does not automatically increase simply because a lawsuit is filed.
Whether different percentages apply at different stages of a claim depends on the fee agreement. Some agreements provide different percentages depending on whether a case settles or proceeds through litigation, trial or appeal. Missouri’s rules require a contingency-fee agreement to explain the percentages that will apply in the event of settlement, trial or appeal.
That means you should be able to answer an important question before hiring the lawyer:
Will the percentage change depending on how far my case goes?
If the answer is yes, the agreement will tell you how.
Are Attorney Fees and Case Expenses the Same Thing?
No.
Attorney Fees
The attorney’s fee is what the lawyer receives for providing legal representation.
With a contingency agreement, this is calculated according to the percentage set out in the agreement if compensation is recovered.
Case Expenses
Case expenses are costs associated with investigating, preparing or litigating the claim.
Depending on the case, those expenses might include:
- Court filing fees
- Costs associated with obtaining records
- Deposition expenses
- Expert-witness costs
- Investigation expenses
- Other costs required to prepare or pursue the claim
Your contingency agreement will explain whether applicable expenses are deducted before or after the attorney’s fee is calculated and whether there are any expenses you could remain responsible for if the case does not result in a recovery.
That is why “What percentage do you charge?” shouldn’t be the only financial question you ask before hiring a personal injury lawyer.
What Happens if You Don’t Recover Compensation?
If Roach Law does not recover compensation for you, you do not owe an attorney’s fee.
Case expenses are a separate issue. Your written agreement will explain how those expenses are handled and whether there are any costs you could remain responsible for regardless of the outcome.
If anything about that arrangement is unclear, ask before signing.
What Could a Contingency Fee Look Like on a $100,000 Recovery?
A simple example can make the percentage easier to understand.
[CALCULATION / CALLOUT BOX]
Hypothetical recovery: $100,000
Hypothetical contingency fee: 33⅓%
Attorney’s fee: approximately $33,333
But that does not automatically mean the client receives $66,667.
Case expenses and other amounts that may need to be resolved from the recovery can affect the amount the client ultimately receives.
This example simply illustrates how a contingency percentage is calculated. It is not an estimate of what any particular personal injury claim may be worth or how much any particular client would ultimately receive.
For a more detailed explanation of what can happen between reaching a settlement and receiving the final payment, read our guide to how a personal injury settlement is divided.
Basic Personal Injury Settlement Breakdown: How Much Goes in My Pocket?
What Should a Missouri Contingency Fee Agreement Tell You?
You shouldn’t have to guess how your lawyer will be paid.
Under Missouri’s professional-conduct rules, contingency-fee agreements must be in writing and signed by the client.
Before you sign, the agreement should make clear:
- The percentage used to calculate the attorney’s fee
- Whether different percentages apply at different stages of the case
- What litigation and other expenses may be deducted from the recovery
- Whether those expenses are deducted before or after the contingency fee is calculated
- What expenses, if any, you could remain responsible for regardless of the outcome
At the end of a contingency-fee matter, the attorney must also provide the client with a written statement explaining the outcome and, if there is a recovery, showing the amount received and how the client’s payment was determined.
The agreement may contain legal language, but the financial arrangement shouldn’t be a mystery. If you don’t understand what you may pay or when, ask the attorney to explain it before you sign.
What We’ve Learned About Talking to Clients About Legal Fees
The fee shouldn’t be something a client finally understands when the settlement check arrives.
Questions about percentages, expenses and what happens if a claim is unsuccessful aren’t awkward questions. They’re important questions to ask before choosing who will represent you.
A personal injury claim already comes with enough financial uncertainty. At Roach Law, we believe clients should understand what is happening with their case — including how their attorney will be paid — from the beginning.
Should You Choose a Personal Injury Lawyer Based on the Lowest Fee?
The contingency percentage matters, but it shouldn’t be the only factor you consider.
You’re also choosing who will investigate your claim, communicate with insurers, keep you informed and, where necessary, prepare your case for litigation.
Before signing an agreement, consider asking:
- What percentage will apply to my case?
- Can that percentage change?
- How are case expenses handled?
- What happens if there is no recovery?
- Who will actually handle my case?
- How will you keep me updated?
- Has the firm handled claims like mine?
A free consultation gives you an opportunity to ask those questions before deciding whether the lawyer is the right fit. Learn more about [what to expect from a free lawyer consultation] before your first conversation.
9 Things You Should Know About a Free Lawyer Consultation
Frequently Asked Questions About Personal Injury Lawyer Fees in Missouri
1. Do I Have to Pay a Personal Injury Lawyer Upfront in Missouri?
No. Personal injury lawyers commonly use contingency-fee arrangements rather than requiring clients to pay attorney fees upfront. Roach Law does not charge an upfront attorney’s fee for personal injury representation. The attorney’s fee is paid from a recovery if compensation is obtained.
2. What Percentage Does a Personal Injury Lawyer Take?
There is no universal percentage charged by every personal injury lawyer. At Roach Law, the agreed contingency fee is typically between 33% and 40% of the compensation recovered. The percentage applicable to your representation will be stated in your written fee agreement.
3. Do I Pay Attorney Fees if I Don’t Win My Personal Injury Case?
At Roach Law, if we do not recover compensation for you, you do not owe an attorney’s fee. Your agreement should separately explain how case expenses are handled and whether any expenses could remain your responsibility regardless of the outcome.
4. Are Case Expenses Included in the Contingency Fee?
Not necessarily. Attorney fees and case expenses are different. Your contingency-fee agreement should explain which expenses may be deducted, how they are handled and whether expenses are deducted before or after the attorney’s fee is calculated.
5. Is a Personal Injury Consultation Really Free?
At Roach Law, the initial consultation for a personal injury claim is free. You can discuss what happened, ask questions about the legal process and understand how the contingency-fee arrangement works before deciding whether to hire the firm.
Understand the Cost Before You Decide
Hiring a lawyer shouldn’t add another unanswered financial question after an injury.
Roach Law offers free consultations for people considering personal injury claims in Missouri. We can explain how our contingency-fee arrangement works, answer your questions about the claims process and help you understand your options before you decide what to do next.
