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What 'no fee unless we win' actually means

5 min read January 2026

Contingency fees make it possible to hire a serious injury lawyer with no money up front. Here's how they work in plain English.

One of the most common worries after an injury is money: 'I can barely cover my bills — how could I afford a lawyer?' In personal injury law, the answer is a contingency fee, and it is the reason ordinary people can take on well-funded insurance companies.

You pay nothing up front

Under a contingency-fee arrangement, you do not pay attorney's fees out of pocket to start your case. The firm's fee is a percentage of the recovery — and it is only owed if the firm actually wins or settles your case. If there is no recovery, there is no fee.

The incentives line up

Because the firm only gets paid when you do, its interest and yours point the same direction: the best possible outcome.

What about costs?

There is a distinction between attorney's 'fees' and case 'costs' (things like court filing fees, medical records, and expert witnesses). Firms handle these differently, and it is a fair and important question to ask at the outset exactly how fees and costs work in your case. A good firm will explain it clearly and put it in writing.

Why it matters

The contingency model means the strength of your case, not the size of your bank account, determines whether you can be represented. It also means the consultation to find out whether you have a case should cost you nothing. If you are unsure, the honest first step is simply to ask.

This guide is general information about New York law, not legal advice, and does not create an attorney-client relationship. Deadlines and statutes change and every case is different — speak with an attorney about your specific situation.
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