📹 Watch the Highlight
🎬 Watch the Full Video
You’ve Been Injured in Texas. The First Legal Term You Need to Understand Is “Contingency Fee.” Here’s Why.
If you’re reading this after a car wreck in Houston, a slip and fall at a store in Austin, or any injury caused by someone else’s negligence, you’re likely in pain, confused, and worried about money. Medical bills are piling up, you might be out of work, and the insurance adjuster on the other side is already building a case against you. The last thing you need is to navigate complex legal jargon. That’s why, on the Attorney 911 podcast, managing attorney Ralph Manginello returns to a foundational topic: the contingency fee. It’s the cornerstone of personal injury law in Texas and the key that unlocks access to justice for injured Texans who can’t afford to pay a lawyer by the hour.
At Attorney911—The Manginello Law Firm, PLLC—we are your Legal Emergency Lawyers™. With over 25 years of experience handling catastrophic injury and complex criminal defense cases across Texas, Ralph Manginello has built a firm on one simple, powerful principle: we only get paid when we win your case. This isn’t just a marketing slogan; it’s a deep alignment of interests. Our success is directly tied to your recovery. In this comprehensive guide, we’ll break down exactly what a contingency fee is, how it works under Texas law, why it’s your greatest advantage, and how our unique insider knowledge—including having a former insurance defense attorney on our team—ensures you get every dollar you deserve. If you have questions after a serious accident in Houston, Beaumont, Austin, or anywhere in Texas, call our legal emergency line now at 1-888-ATTY-911.
What Is a Contingency Fee? The Texas Personal Injury Attorney’s Payment Structure
As Ralph explains on the podcast, in personal injury cases—whether a car collision, a slip and fall at a big box store, or a work-related injury—the attorney works on a contingency fee basis. This means the lawyer’s fee is contingent upon a successful outcome: winning at trial or, more commonly, securing a settlement for you. You pay nothing upfront. You pay nothing during the often lengthy litigation process. You pay nothing at all unless and until we recover compensation for you.
The Legal Contract: This arrangement is formalized in a written contingency fee agreement, a contract you sign when you hire our firm. Texas law, through the Texas Disciplinary Rules of Professional Conduct, strictly governs these agreements to protect clients. The agreement will clearly state the percentage we will receive from your gross recovery. As Ralph noted, this is typically “between 33% and a third,” which is the standard pre-trial rate. At Attorney911, our standard contingency fee is 33.33% if your case settles before a lawsuit is filed. If we must file a lawsuit and proceed toward trial, the fee may increase to 40%, reflecting the immense additional work, cost, and risk involved in taking a case through the Texas court system.
Breaking Down the $100,000 Example: Where Every Dollar Goes
Let’s expand on Ralph’s example for absolute clarity. Assume our firm recovers a $100,000 settlement for you in a Houston car accident case.
- Step 1: The Recovery Check. The at-fault party’s insurance company sends the settlement check to our firm. By law, we must deposit it into a dedicated client trust account (IOLTA), which is rigorously audited and separate from our operating accounts.
- Step 2: Deducting the Attorney’s Fee. If this was a pre-suit settlement, our fee would be 33.33%, or $33,333.33. This fee compensates us for all the legal work performed over the previous months or years: investigation, evidence gathering, negotiating with aggressive insurance adjusters, and navigating the complex claims process.
- Step 3: Deducting Case Expenses. Beyond our fee, there are “case costs” or “expenses” advanced by the firm. These are out-of-pocket costs necessary to build your case, such as filing fees, court reporter fees for depositions, expert witness fees, medical record retrieval costs, and accident reconstruction reports. In a typical case, these might total $5,000 to $15,000. These expenses are deducted from the recovery after the fee.
- Step 4: Paying Medical Liens. A critical step Ralph mentioned is paying off doctor’s bills. Often, after an accident, you receive necessary medical treatment without upfront payment because the provider agrees to be paid from your settlement via a “letter of protection” or medical lien. We negotiate these liens down to the lowest possible amount, as required by Texas law, and pay them directly from the trust account.
- Step 5: Your Net Recovery. The remaining balance—often $50,000 or more in this example—is yours. We issue you a final check and a detailed, line-item disbursement sheet so you see exactly how every penny was allocated.
This transparent process ensures you are never in the dark. As client Jamin Marroquin noted in his testimonial, “Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined.” This level of communication is a hallmark of our practice. If you’re unsure about any part of this process, call us for a free, no-obligation consultation at 1-888-ATTY-911.
The Historical and Legal Context: Why Contingency Fees Exist and Are Protected in Texas
Contingency fees are not a modern invention; they are a bedrock principle of the American civil justice system, designed to create a level playing field. Without them, only the wealthy could afford to hire skilled counsel to fight powerful insurance corporations and negligent billion-dollar entities. The contingency fee model democratizes access to the courts.
In Texas, these fees are regulated by the Texas Disciplinary Rules of Professional Conduct, specifically Rule 1.04. The rule mandates that a lawyer’s fee must be reasonable and that a contingency fee agreement must be in writing, signed by the client, and state the method by which the fee is to be determined. The rules also require that the client receive a written statement upon the conclusion of the case showing the remittance to the client and the method of its determination. This provides critical consumer protection.
The Texas Statute of Limitations: This access to justice is time-limited. Texas Civil Practice & Remedies Code § 16.003 gives you exactly two years from the date of your accident to file a personal injury lawsuit. If you miss this deadline, your claim is barred forever—no matter how severe your injuries. Insurance companies know this and will often delay negotiations, hoping you’ll get desperate and settle for pennies or let the clock run out. At Attorney911, Ralph Manginello’s 25+ years of experience means we know precisely when to file suit to protect your rights and maximize leverage. Don’t let time be the insurance company’s ally. Call our Houston office today at 1-888-ATTY-911 to start the clock in your favor.
Beyond the Basics: The Attorney911 Advantage in a Contingency Fee Agreement
Any lawyer can offer a contingency fee. What separates Attorney911 is what we deliver for that fee. Our commitment is to invest our firm’s resources, expertise, and relentless effort into securing the maximum possible recovery for you. This is where our documented results and unique team structure create an undeniable advantage for Texas injury victims.
1. Insider Knowledge from a Former Insurance Defense Attorney
This is our firm’s single biggest competitive advantage. Associate attorney Lupe Peña spent years working at a national defense firm, learning firsthand how large insurance companies value claims, strategize, and manipulate the process. Lupe knows their playbook because he used to run it.
He understands the software (like Colossus) that insurers use to lowball injury valuations. He knows how they select “independent” medical examiners (IMEs) to downplay your injuries. He’s taken hundreds of recorded statements designed to trap claimants. Now, he uses that knowledge for you, not against you. When we review a lowball settlement offer, we don’t just reject it—we know exactly how it was calculated and how to dismantle their rationale. As Lupe himself says: “I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney. They take innocent activity out of context to build ammunition against you. We know how to counter it.” This insider edge is why we consistently recover multi-million dollar settlements that other firms might leave on the table.
2. We Advance All Costs—You Risk Nothing
Pursuing a serious injury claim is expensive. A single accident reconstruction expert can cost $10,000. Deposing multiple doctors and witnesses can run into the tens of thousands. Under our contingency agreement, our firm advances every single cost. You never write a check. If we don’t win, you owe us nothing for these costs either. This removes the financial barrier to pursuing full justice. We only recover these advanced costs if we are successful, and they are deducted from the settlement as outlined above.
3. We Prepare Every Case for Trial
Settlement mills operate on volume: they take thousands of cases, do minimal work, and push for quick, low-value settlements to turn a fast profit. They have no trial experience and insurance companies know it. At Attorney911, under Ralph Manginello’s leadership, we prepare every single case as if it is going to trial in a Texas district court. Why? Because insurance companies can sense when a firm is bluffing. Our readiness to go to trial—demonstrated by Ralph’s admission to the U.S. District Court for the Southern District of Texas and his involvement in complex litigation like the BP Texas City explosion cases—forces insurers to offer their true top dollar to avoid a risky jury verdict. We don’t just settle claims; we litigate and try cases.
Documented Results: What Our Contingency Fee Model Has Achieved for Texans
Our fee is an investment in a result. Here is what that investment has yielded for our clients:
- Multi-Million Dollar Settlement for a Logging Brain Injury: We secured a multi-million dollar settlement for a client who suffered a traumatic brain injury with vision loss when a log dropped on him at a logging company.
- Multi-Million Dollar Settlement for a Car Accident Amputation: In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.
- Millions for Trucking Wrongful Death Families: Our personal injury attorneys have helped numerous families facing trucking-related wrongful death cases recover millions of dollars in compensation.
- Significant Maritime Settlement: In a recent case, our client injured his back while lifting cargo on a ship. Our investigation revealed he should have been assisted, and we reached a significant cash settlement.
These results aren’t just numbers; they represent restored lives, financial security for grieving families, and justice against negligent corporations. They are why our 251+ Google reviews average 4.9 stars, with clients like Donald Wilcox stating: “One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.” If you’ve been told your case isn’t worth it by another firm, call us for a second opinion at 1-888-ATTY-911.
Addressing Common Concerns and Objections About Contingency Fees
We understand you may have doubts. Let’s address them head-on with the transparency you deserve.
“Isn’t 33% a lot of my money?”
Consider the alternative: facing a trillion-dollar insurance industry alone. Without an attorney, studies show injury victims receive 3-5 times less money, if they recover anything at all. Our fee is not a cost; it’s an investment that yields a significantly higher net recovery. We do the work, assume all the financial risk, and fight the battle so you can focus on healing.
“What if we lose?”
You owe us absolutely nothing. No attorney’s fee. No repayment of the costs we advanced. That’s the meaning of “contingent.” Our incentive is perfectly aligned with yours: we only succeed when you do.
“Will I have to go to court?”
Most cases (over 95%) settle before a trial is necessary. However, the threat of a trial conducted by experienced litigators like Ralph Manginello is what drives fair settlements. We prepare for trial from day one, so the insurance company knows we’re not bluffing.
“How do I know you’ll communicate with me?”
This is a frequent complaint against settlement mills. At Attorney911, you’re not a file number. You’ll work directly with a dedicated case manager like Leonor (mentioned in 80+ reviews) and have access to your attorney. As client Chad Harris said, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” We serve clients across Texas from our offices in Houston, Austin, and Beaumont, and we’re always a call away at 1-888-ATTY-911.
Why Attorney911 Is the Clear Choice for Your Texas Injury Case
Choosing a lawyer on a contingency fee basis is about trust and proven capability. Here’s why Texans trust Attorney911:
- 25+ Years of Texas Courtroom Experience: Ralph Manginello has been fighting for Texans since 1998, in both state and federal courts.
- Federal Court Admitted: Ralph is admitted to practice in the U.S. District Court, Southern District of Texas, essential for complex cases against corporate defendants.
- BP Explosion Litigation Veteran: Our firm is one of the few in Texas involved in the BP Texas City explosion litigation, proving we can take on the largest adversaries.
- Full-Service Firm: We handle both the personal injury claim and any related criminal traffic charges (like DWI), ensuring your entire legal emergency is managed cohesively.
- Bilingual Services: With fluent Spanish-speaking attorneys like Lupe Peña and staff like Zulema, we ensure no language barrier stands between you and justice.
- Celebrity-Trusted: As noted by client Jacqueline Johnson, even Houston legend Trae Tha Truth recommends our firm, a testament to our reputation in the community.
Your first step is simple, free, and carries no obligation. Call our legal emergency line for a free consultation. We’ll listen to your story, explain your rights under Texas law, and give you our honest assessment. If we take your case, you can rest assured that a team with a former insurance defense insider, multi-million dollar results, and a personal commitment to your family will be fighting for you. Don’t navigate this alone. Call Attorney911 now at 1-888-ATTY-911 or visit attorney911.com.
Frequently Asked Questions About Contingency Fees in Texas
What exactly does “no fee unless we win” mean?
It means you pay absolutely no attorney’s fees upfront or during your case. Our legal fees are only earned if we successfully recover money for you through a settlement or court verdict. If we don’t win, you owe us nothing for our work.
Are contingency fees regulated in Texas?
Yes, strictly. The Texas Disciplinary Rules of Professional Conduct govern contingency fee agreements. They must be in writing, signed by the client, and clearly explain how the fee is calculated. The fee must also be reasonable relative to the complexity of the case and the risk undertaken by the attorney.
What percentage do most Texas personal injury lawyers charge?
The standard pre-lawsuit contingency fee in Texas is 33.33% (one-third) of the recovery. If a lawsuit must be filed, the fee often increases to 40% due to the substantial increase in work, time, and risk. These percentages should be clearly stated in your contract.
Besides the attorney’s fee, what other costs come out of my settlement?
Case expenses (or “costs”) are advanced by the firm and repaid from the recovery. These can include court filing fees, fees for obtaining medical records and police reports, deposition costs, expert witness fees, and trial exhibit costs. A reputable firm will provide a clear accounting of all expenses.
How do you handle my medical bills with a contingency fee?
We negotiate with your healthcare providers who have treated you on a lien (agreeing to be paid from the settlement). Texas law allows us to seek reductions on these liens. We pay them directly from the settlement funds after deducting our fee and costs, ensuring they are resolved so you don’t face collections later.
If I switch lawyers, who pays the first lawyer’s fee?
This is governed by your initial contract. Typically, if you switch firms, the first firm may have a lien on the recovery for the reasonable value of work performed. At Attorney911, we’ve successfully taken over cases others dropped or mishandled, like we did for client Greg Garcia, and we navigate these transitions to protect your ultimate recovery.
Frequently Asked Questions
What is a contingency fee in a personal injury case?
A contingency fee is a payment structure where your attorney’s fee is contingent upon winning your case. You pay no upfront or hourly fees. The attorney only receives a percentage (typically 33.33% before trial) of the financial recovery they secure for you through settlement or verdict. If they don’t win, you owe them nothing for their legal services.
What percentage do Attorney911 lawyers charge?
At Attorney911, our standard contingency fee is 33.33% of the recovery if your case settles before a lawsuit must be filed. If we need to file a lawsuit and proceed toward trial, reflecting the immense additional work and risk, our fee is 40%. All fees are clearly detailed in your written contract, and we advance all case costs.
Do I have to pay anything if Attorney911 doesn’t win my case?
No. Under our contingency fee agreement, if we do not recover compensation for you, you owe us $0 in attorney’s fees. Furthermore, you are not responsible for repaying any of the case costs (like expert fees or filing costs) that our firm advanced on your behalf during the litigation. We assume all the financial risk.
How does Attorney911’s experience with insurance companies help my case?
Our firm includes a former insurance defense attorney, Lupe Peña, who spent years working for national defense firms. He knows exactly how insurance companies value claims, delay proceedings, and use tactics like recorded statements and surveillance. This insider knowledge allows us to anticipate and counter their strategies, ensuring we demand and secure maximum value for your claim.
What makes Attorney911 different from other firms that also use contingency fees?
While many firms use contingency fees, Attorney911 combines 25+ years of trial experience (including federal court and BP explosion litigation) with unique insider defense knowledge. We prepare every case for trial, which forces higher settlements. Our documented multi-million dollar results and 4.9-star client reviews (251+) demonstrate we deliver superior outcomes, not just promises.
How long do I have to file a personal injury lawsuit in Texas?
Texas law imposes a strict two-year statute of limitations (Texas Civil Practice & Remedies Code § 16.003). You have exactly two years from the date of your accident to file a lawsuit. Missing this deadline forever bars your claim, which is why it’s critical to consult with an attorney immediately. Call 1-888-ATTY-911 to protect your rights before time runs out.
