Quick answer: San Diego personal injury attorneys almost always work on contingency, which means there is no hourly bill and no fee unless the case results in a recovery. The fee is a percentage of the recovery, agreed in writing before work begins as required by California Business & Professions Code §6147. Case costs — records, filing fees, experts — are tracked separately and are also disclosed in that agreement.
What contingency actually means
Under a contingency agreement the attorney is paid only out of a settlement or judgment. If there is no recovery, no attorney fee is owed. That structure is what allows an injured person to be represented without paying anything up front.
California requires the agreement to be in writing, to state the fee percentage and how it is calculated, and to state that the rate is negotiable and not set by law.
Fees and case costs are two different things
The attorney fee is compensation for legal work. Case costs are the out-of-pocket expenses a case incurs.
- Medical records and billing requests
- Court filing and service fees
- Deposition transcripts and court reporters
- Accident reconstruction and medical expert opinions
- Investigators, photographs, and exhibits
The free consultation
An initial case evaluation carries no charge and no obligation. It covers what happened, which deadlines apply, what evidence should be preserved immediately, and whether the claim needs representation at all. Some claims do not, and it is appropriate to say so.
Questions worth asking any firm
Fee terms should be clear before anything is signed.
- What is the fee percentage, and does it change if suit is filed?
- Is the fee calculated before or after case costs are deducted?
- Who advances case costs, and what happens to them if there is no recovery?
- Who negotiates medical liens and health-plan reimbursement?
- Will I receive a written settlement statement itemizing every deduction?
Talk to us
The Law Offices of Ronald B. Laba, APC handles personal injury matters on a contingency basis from the Vista office at 217 Civic Center Dr #7, Vista, CA 92084. Call (760) 940-6231 for a free, no-obligation case evaluation. Specific fee terms are set out in the written agreement provided before representation begins.
Frequently asked questions
- Do I pay anything if my case does not recover?
- Under a contingency fee agreement no attorney fee is owed if there is no recovery. How case costs are treated in that situation is addressed in the written fee agreement, so read that section closely.
- Is the contingency percentage fixed by California law?
- No. California requires the written agreement to state that the fee is negotiable and is not set by law.
- Will I see how the settlement money is divided?
- Yes. California requires a written settlement statement showing the gross recovery, the attorney fee, itemized case costs, lien payments, and the net amount paid to the client.
Talk through your situation — free and confidential
Law Offices of Ronald B. Laba, APC · 217 Civic Center Dr #7, Vista, CA 92084
(760) 940-6231This page is general information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. The Law Offices of Ronald B. Laba, APC is licensed to practice in California. Back to Costs & Fees.