The contingency fee is what makes quality legal representation accessible to injured Montanans regardless of their bank balance. Understanding how it works helps you read a fee agreement with confidence.
The Basic Contingency Arrangement
Under a contingency fee, your attorney is paid a percentage of the recovery rather than an hourly rate. If there's no recovery, there's no attorney fee. This aligns your lawyer's interests with yours — they only get paid when you do, and they get paid more when you recover more.
Montana fee agreements must be in writing and should clearly state the percentage and how it applies. Always read it and ask questions before signing.
Fees Versus Case Costs
There's an important distinction between the attorney's fee and case costs. Costs are out-of-pocket expenses like court filing fees, expert witnesses, medical record charges, and deposition fees. Many Montana firms advance these costs and recoup them from the settlement, but the agreement should spell out what happens to costs if the case is lost.
Ask whether the contingency percentage is calculated before or after costs are deducted, as this affects your net recovery.
Liens and Your Net Recovery
Your final check is also affected by liens — amounts owed to health insurers, Medicare or Medicaid, or medical providers who treated you. A good Montana attorney negotiates these liens down, which can significantly increase what you actually take home.
A transparent settlement statement should show the gross recovery, the attorney fee, the costs, the liens, and your net amount, all itemized.
Ask Questions Before You Sign
A reputable Montana firm welcomes questions about its fee agreement. You should understand the percentage, how costs are handled, and what happens if you switch lawyers or lose.
For a clear explanation of how fees would work in your case, call 973-566-5599 for a free consultation.
Frequently Asked Questions
Under a typical Montana contingency agreement you owe no attorney fee if there's no recovery. Whether you owe case costs depends on the specific agreement, so read it carefully.
It depends on the agreement. Some firms calculate the fee on the gross recovery, others after costs. Always confirm this in writing.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Montana attorney. Injury Claim Team is a legal referral and lead-generation service, not a law firm.