How Do Lawyers Get Paid if They Lose a Case?
Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers | Personal Injury

Hiring a lawyer can feel confusing — especially when it comes to understanding how legal fees work. One of the biggest questions clients ask is: “Does an attorney still get paid if they lose my case?” The answer depends on what kind of fee arrangement the lawyer uses.
Some attorneys only get paid if they win compensation, while others might charge you no matter the case outcome. Below is an overview of how lawyers structure their fees, including the popular contingency fee system commonly used in personal injury cases.
Contingency Fees (No Win, No Fee)
Contingency fees are a standard arrangement in personal injury law. Under this setup, the lawyer doesn’t charge you upfront. Instead, they get paid a percentage of any settlement or court award they obtain on your behalf. Usually, if you lose your case, you pay no attorney’s fees. That’s why it’s sometimes called a “no win, no fee” agreement.
Here are the main features of a contingency fee:
- You don’t pay hourly or flat rates.
- The lawyer’s payment is taken out of the money they recover for you.
- If they lose, you typically don’t owe attorney’s fees.
This approach helps injured people afford quality legal representation even if they can’t handle expensive fees right away. However, depending on your agreement, you might still be responsible for certain out-of-pocket costs, like filing fees or expert witness expenses.
Hourly Fees
Some lawyers charge by the hour, billing you for the time they spend on your case. Under this system:
- You pay for every hour they work, whether they win or lose.
- They may require an upfront deposit called a “retainer,” which they draw from as they bill hours.
- If your lawyer operates on an hourly rate, you’ll pay for their services regardless of the result.
This is common in fields like family law or business law but less common in personal injury cases.
Flat Fees
Some attorneys quote a flat fee for handling an entire case or a specific legal task. This arrangement is often found in simpler cases — like preparing a will or defending against a minor traffic ticket. With a flat fee:
- You agree on a set price at the start.
- You pay that amount regardless of the case’s outcome.
If the matter becomes more complicated than expected, the fee might increase. However, the amount stays the same in many instances, clarifying total costs from the beginning.
Retainer Agreements
A retainer is a sum you pay upfront, which the lawyer holds in a special account. They bill their hourly fee against that retainer as they work on your case. If they deplete it, you may need to add more money; if anything remains when the case ends, you might get a refund.
Retainers don’t depend on winning or losing. The attorney gets paid out of that account for the time they spend on a case, no matter the final result.
Contact the Pinellas County Personal Injury Law Firm Of Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers for Help
For more information, please contact the Clearwater and St. Petersburg personal injury law firm of Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve Pinellas County and its surrounding areas:
Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers – Clearwater
1875 N Belcher Rd. STE 201,
Clearwater, FL 33765
(727) 796-8282
Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers – St. Petersburg
2560 1st Ave S,
St. Petersburg, FL 33712
(727) 349-1728