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“Contingency” refers to a type of fee an attorney may charge. In a contingency case, you only pay a fee if and when your case is successful. At the end of the case, you attorney gets a cut, typically around 1/3. If you lose your case, there is no fee.

Usually, the type of case determines the type of fee. Injury cases, for example, generally are contingency cases – medical malpractice, slip and fall, sexual abuse, nursing home abuse, accidents, workers’ compensation, etc. Other types of fees include hourly fees and flat fees. Again, it generally depends on the type of case you have. If you are the one being sued, for example, you’ll likely pay hourly for your defense. If you have a routine traffic case, a flat rate is typical.

If you are injured in DuPage County, we may recommend starting your search for an attorney here. It depends on the details of your case, such as how you were injured, where you were injured, who is responsible, and the severity of your injuries. On one hand, a local attorney will be familiar with the courthouse where your case will be filed, and should have existing relationships with judges, clerks and other attorneys. A good local reputation can give you an advantage.

On the other hand, if you have a high-profile or specialized case, we might recommend a broader search. Experience can be more important than location in these situations. Also, you want to consider the resources of the attorney you hire. In a contingency case, the attorney or firm pays for the case upfront (litigation costs can be tens of thousands of dollars, or more), so it’s important to hire a firm with significant resources to dedicate to your case. If you have a big case, a large law firm in Chicago might be your best bet.

Although a contingency fee is usually around 1/3, it can vary. It might be more for a complex case that goes all the way through trial. In some areas of law, such as workers’ compensation, contingency fees are limited. For a work injury, attorneys’ fees are capped at 20%. In any case, the fee isn’t due until you win. If your case settles before trial, as many do, the contingency fee is a portion of what you recover in settlement.

There are pros and cons to paying on a contingency fee basis. For the client, it means that they can hire an attorney without worrying about how to pay for it, and if they lose there is no fee at all. For the attorney, it’s a risk because they might not get paid, but if they do win, it’s a good fee.

Some attorneys use this type of fee as an advertising gimmick. While the statement “no fee upfront” is correct, we don’t agree with using it to attract clients, because it can be confusing. It makes it sound like that attorney is offering something special, when in reality, pretty much all injury attorneys charge on a contingency basis. Before hiring an attorney, be sure to understand the type of fee you’ll be paying and sign a fee agreement.

Most injury and contingency attorneys offer free consultations. If you’re looking for a contingency attorney in Naperville, Downers Grove, Wheaton, Lombard, or anywhere else in DuPage County, please contact us.