No. In Texas, personal injury cases are handled on contingency: no retainer, no hourly bill, and no court fee from you. The firm advances case expenses and takes its fee from the recovery. What you are responsible for comes later, out of the settlement: the attorney’s fee, the advanced expenses, and any medical liens.
What “Nothing Up Front” Actually Covers
Nothing means nothing. No retainer, no consultation fee, no hourly rate, no charge for calls or emails, and no invoice while the case is open. You do not write a check to start a personal injury case in Texas.
The written contingency fee agreement replaces all of that with a single term: a percentage of what the case recovers. You sign it before work begins, and it should state the percentage plainly, including whether that percentage changes if a lawsuit has to be filed.
The firm also advances the hard costs of building the case as they come due — records, reports, expert analysis, court fees — instead of asking you to fund them.
That percentage is the entire price of the representation. There is no separate charge for the lawyer’s time, nothing billed for the paralegal who orders your records, and no monthly statement to open. If you never hear from the firm about money until the case resolves, the arrangement is working the way it is meant to.
What You Are Actually Responsible For, and When
Everything you owe comes due at the end, out of the recovery, not before it. There are four categories, and they are all settled on one document at the close of the case.
Item
Who carries it during the case
When it comes due
Attorney’s fee
Nothing accrues to you at all
At settlement or verdict, as the agreed percentage of the recovery
Case expenses: records, filing fees, experts
The firm advances them
Reimbursed from the recovery at the end, itemized
Medical bills treated under a letter of protection
The medical provider waits
Paid from the recovery, often after negotiation
Liens and subrogation: health plan, workers’ compensation carrier
Nobody pays them during the case
Repaid from the recovery, reduced by attorney’s fees where the law allows
General structure only. Your signed fee agreement controls.
The workers’ compensation example
If a workers’ comp carrier paid medical and wage benefits after a work injury, it holds a lien on any third-party recovery under Texas Labor Code §417.001 and §417.003 — and that lien is reduced by a share of the attorney’s fees and expenses incurred in obtaining the recovery.
None of this reaches you as a bill in the mail. It is arithmetic on a settlement statement you review and approve before any money is disbursed.
The Small Things You Might Pay For Along the Way
Being straight about this matters more than sounding generous. A few costs do sit with you while a case is open, and they are modest.
What you should not be paying for is the machinery of the case itself. If a firm asks you to fund records, a filing fee, or an expert while the case is pending, ask for the explanation in writing.
- Copays and deductibles, if you treat through your own health insurance.
- Getting yourself to appointments — mileage, parking, childcare, and unpaid time for medical visits.
- A crash report you order yourself. Through the TxDOT C.R.I.S. system which can take up to 14 days to appear. The firm will normally obtain it for you.
- Time away from work for a deposition, a medical examination, or mediation, if the case reaches that stage.
What Happens If the Case Recovers Nothing
The attorney’s fee is zero. That part is not ambiguous: a contingency fee is a percentage of a recovery, and a percentage of nothing is nothing.
Advanced case expenses are a separate question, and firms handle it differently. Some absorb them entirely when a case does not recover; others reserve a right to seek reimbursement. The agreement has to say which, and that is a sentence to read before you sign, not after.
Ask the question out loud at the consultation, then confirm that the answer you were given appears in the document you are asked to sign. A verbal assurance about expenses is not the same thing as a contract term about expenses.
Three Lines to Find in the Agreement Before You Sign
Ask for a copy of the signed agreement the same day you sign it. And if a firm is reluctant to explain any of those three lines in plain language during a free consultation, that reluctance is information too.
- The percentage, and what changes it. Many agreements use one rate for a claim resolved before suit and a higher rate once a lawsuit is filed or an appeal is taken.
- Fee before or after expenses. Whether the fee is calculated on the gross recovery or on the amount left after case expenses are reimbursed changes your net, sometimes noticeably.
- Who decides whether to settle. You do. The agreement should say so plainly. A lawyer recommends; the decision to accept or reject any offer belongs to the client.
Ask the Cost Questions Before You Commit
Bring these questions to the consultation and get the answers before signing anything. Jim Ross Law Group is at 2201 E Lamar Blvd #110 in Arlington, is open Monday through Friday, 8am to 5pm and Saturday by appointment.
Call 817-275-4100 for a free consultation, by phone or in person. There is no fee unless we win.
Frequently Asked Questions
Is the first consultation really free, even if I don't hire you?
Is free either way. A consultation is a conversation about whether you have a claim and what pursuing it would involve. You are not billed for it and you are not obligated to hire anyone at the end of it. Consultations are available in person at the Arlington office or by phone at 817-275-4100.
Do I have to pay the court filing fee myself?
No. The firm advances court costs. In Tarrant County, there are fees to file a new civil suit, for citation issuance, for constable service, and for a jury fee. Those costs are reimbursed from the recovery. If you prevail in a lawsuit, those costs are generally taxed/assessed against the defendant.
Am I charged for copies, postage, or phone calls?
Not as they happen, and ordinary communication is not billed at all. Hard costs such as medical records, court reporters and filing fees are advanced by the firm and reimbursed from the recovery at the end, itemized on a settlement statement you review before anything is paid out.
I already paid a retainer to another lawyer. What happens to that?
Ask that firm for a written accounting of what the retainer was applied to. Personal injury work in Texas is normally contingency-based, so a retainer is unusual. If a prior firm did work on the case, it may assert a claim for fees against the eventual recovery, which is resolved between the firms.
What if I sign and then decide not to pursue the case?
You can end the relationship. The firm may have a claim for expenses it advanced or for the value of work already performed, depending on the agreement and the circumstances. Ask specifically how withdrawal is handled before you sign, because the answer lives in the contract rather than in a statute.
Will my doctor demand payment before the case is over?
Not if treatment is under a letter of protection, which is precisely what that document is for. If you are using health insurance, ordinary copays and deductibles apply as usual. Tell the firm immediately if any provider begins sending you to collections while the claim is still open.
Can the fee percentage go up in the middle of my case?
Only if the agreement you signed says so, and normally that is tied to a defined event such as a lawsuit being filed. It cannot change because the case became harder or the offer became larger. Read the fee section and ask what triggers each rate before you sign.
Who pays for an interpreter if I need one?
For a court proceeding, Texas Government Code §57.002 requires the court to appoint a licensed interpreter on request, at no cost to a person who files a Statement of Inability to Afford Costs. For depositions and mediation, the parties supply and pay for their own interpreters, which the firm handles as a case expense.
This page is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different and past results do not guarantee or predict a similar outcome in any future case. Jim Ross Law Group, P.C., 2201 E Lamar Blvd #110, Arlington, TX 76006.