The short version
You pay nothing up front, and no attorney fee unless we recover money for you. That is a contingency fee: the firm's fee is a percentage of the recovery, agreed in writing before any work starts. If the case produces nothing, the attorney fee is nothing.
Free consultation
We review what happened, the insurance that is available, and your injuries. If we take the case, we sign a written contingency fee agreement. If we don't, we tell you why and what your options are.
We advance the costs
Medical records, filing fees, experts, depositions: the firm pays those as the case moves forward. You are not asked for money along the way.
The fee comes from the recovery
The percentage is set in your agreement and typically depends on how far the case has to go, as explained below.
Expenses and liens are paid
Case expenses are reimbursed from the recovery. Medical liens (health insurance, Medicare, Medicaid, hospitals) are paid from the recovery after we negotiate them down as far as the law allows.
You receive the balance
Before any money moves, you receive an itemized settlement statement showing every line, and you sign off on it. Then the check is yours.
How the percentage is usually structured
Contingency fees in Indiana are not set by statute. They are negotiated between the client and the firm, must be reasonable under the Indiana Rules of Professional Conduct, and must be in writing. In practice, most personal injury agreements use a tiered structure, with the percentage rising as the case requires more work:
| Stage | What it involves | Typical range |
|---|---|---|
| Early resolution | Some agreements set a lower rate when a claim resolves quickly, before a demand is sent or with minimal investigation. | Lower tier (often 25% or so, where offered) |
| Pre-suit settlement | Investigation, records collection, treatment monitoring, a demand package, and negotiation with the adjuster, without filing a lawsuit. | Commonly one-third (33⅓%) |
| Litigation | A lawsuit is filed. Written discovery, depositions, expert work, motions, mediation, and trial preparation. | Commonly 40% |
| Trial or appeal | Some agreements add a tier for cases that go through a trial, or that are appealed after a verdict. | Varies by agreement |
Which tiers apply, and the exact percentages, are set in each client's own written agreement. The ranges above describe how injury fee agreements are commonly structured in Indiana; they are not an offer, a quote, or the terms of any particular agreement with this firm. We will walk you through the specific terms that apply to your case before you sign anything.
Gross or net?
Read for this. Some agreements calculate the fee on the gross recovery, before expenses come out; others calculate it on the net after expenses. The difference matters more in a case with heavy expert costs. Whichever method an agreement uses, it should say so plainly, and we will show you the math either way.
What a good fee agreement should tell you
- The percentage at each stage, and exactly what triggers each stage
- Whether the fee is calculated on the gross or net recovery
- What counts as a case expense and who bears expenses if there is no recovery
- How medical liens and unpaid bills are handled at the end
- That you will receive an itemized settlement statement before disbursement
- Your right to end the representation, and what happens to fees and expenses if you do
Frequently asked questions
Do I pay anything up front?
No. There is no retainer and no hourly billing on injury cases. The firm advances the case expenses and is reimbursed from the recovery.
What counts as a case expense?
Out-of-pocket costs paid to move your case forward: medical records fees, court filing fees, deposition transcripts, expert witnesses, investigators, and postage. Every dollar is tracked and itemized on the settlement statement you approve before any money is distributed.
Who pays my medical bills out of the settlement?
Health insurers, Medicare, Medicaid, and some hospitals have a legal right to be repaid from a settlement. We identify every lien, audit it for errors, and negotiate reductions. Reductions go to you, not to the firm.
Why does the percentage change if a lawsuit is filed?
Litigation takes substantially more attorney time and carries more risk: written discovery, depositions, motions, mediation, and trial preparation. A higher litigation percentage reflects that work. We only file suit when the insurer will not pay fair value without it, and we discuss that decision with you first.
What if there is no recovery?
You owe no attorney fee. How case expenses are handled in that situation is set out in your written fee agreement, which we go over with you line by line before you sign.
Can I see the agreement before I decide?
Yes. Take it home. Read it. Ask questions. Nothing starts until you are comfortable with it.
Questions about fees? Ask us. The answer is free.
Five minutes on the phone and you will know where you stand. You will not owe us a fee unless we recover money for you, and the bills get handled before the check does.