Reviewed by Larry Forman, Attorney.
You should know what hiring a lawyer will cost before you sign anything. This page lays out our contingency fees by case type and stage, shows how a settlement is divided step by step, and includes a calculator you can use with your own numbers.
The short version:
A contingency fee means our payment depends on the result. You pay nothing up front and nothing by the hour. If we recover money for you through a settlement or verdict, our fee is a percentage of that recovery. If we don’t recover money, you owe no fee.
In Kentucky, a contingent fee agreement must be in writing and signed by the client. Under Kentucky Supreme Court Rule 3.130(1.5)(c), the agreement has to state the percentage or percentages the lawyer receives in the event of settlement, trial or appeal, which expenses will be deducted from the recovery, and whether those expenses come out before or after the fee is calculated. It also has to clearly tell you about any expenses you would owe even if you don’t win. When the case ends, the lawyer must give you a written statement showing the outcome and, if there is a recovery, how your share was calculated.
Your contingency fee agreement is explained in full before you sign. You’ll see the full written agreement, and you can ask us about any part of it, before you sign.
| Case type | Before a lawsuit is filed | After a lawsuit is filed (settlement or trial) | After an appeal is filed |
|---|---|---|---|
| Car accidents | 30% | 35% | 40% |
| Slip and fall and other non-car accidents (including truck wrecks and dog bites) | 33⅓% | 37% | 40% |
| Medical malpractice | 40% | 46% | 49% |
| Wrongful death | 40% | 46% | 49% |
Every contingency fee percentage above is applied to the gross recovery, before case expenses are deducted. The filing of a lawsuit, not the start of a trial, is what moves the fee to the second stage; the filing of an appeal moves it to the third. For any other type of case, we’ll tell you the fee at your free consultation, and you’ll see the exact percentage for each stage in writing before you hire us.
When a case resolves, the money is divided in this order:
Liens are amounts owed by law or by contract, so they have to be resolved before the remaining money is paid to you.
These examples use made-up numbers to show the math. They are not past results and don’t predict what any case is worth.
Example 1: Car accident settled before a lawsuit is filed (30%)
| Amount | |
|---|---|
| Gross settlement | $60,000 |
| Attorney fee (30% of $60,000) | -$18,000 |
| Case costs | -$1,500 |
| Medical bills and liens | -$9,000 |
| Amount to client | $31,500 |
Example 2: Slip and fall settled before a lawsuit is filed (33⅓%)
| Amount | |
|---|---|
| Gross settlement | $90,000 |
| Attorney fee (33⅓% of $90,000) | -$30,000 |
| Case costs | -$4,000 |
| Medical bills and liens | -$12,000 |
| Amount to client | $44,000 |
Example 3: Medical malpractice settled before a lawsuit is filed (40%)
| Amount | |
|---|---|
| Gross settlement | $250,000 |
| Attorney fee (40% of $250,000) | -$100,000 |
| Case costs | -$25,000 |
| Medical bills and liens | -$30,000 |
| Amount to client | $95,000 |
Example 4: The case is lost
| Amount | |
|---|---|
| Recovery | $0 |
| Attorney fee | $0 |
| Case costs owed by client | $0 (absorbed by the firm) |
| Client owes | $0 |
Enter hypothetical numbers to see how a settlement is divided under our fee. Results update as you type.
Our fee is figured on the gross settlement, before case costs are deducted. Case costs come out of your share after the fee is calculated. If there is no recovery, you owe no fees, costs or expenses.
Hypothetical estimate only. This tool is for illustration and is not legal advice, an offer of representation or a prediction of what any case is worth. Every case is different, and past results do not guarantee future outcomes. Your actual fee, costs and payout are governed by your written, signed contingency fee agreement.
We mean it literally. If your case doesn't result in a recovery:
You won't get a bill for our time or for the money spent building your case if we lose.
When there is a recovery, our fee is calculated on the gross amount first. Case expenses we advanced are then deducted from your share of the recovery, along with any medical bills and liens. If the firm borrows money from a lender to finance or pay case expenses, the interest and origination fees the lender charges are your responsibility and are repaid to the firm from the recovery as a case expense. The remaining amount is paid to you. Your closing statement lists each of these items, as Kentucky's rule requires, so you can see exactly where every dollar went.
To recover compensation in a Kentucky injury case, you generally have to show that another person or company was legally at fault (for example, by acting negligently), that their conduct caused your injuries, and what your losses are. Claims must be filed within the deadlines set by Kentucky law. Under Kentucky's comparative fault rule, any recovery can be reduced by your own share of fault. Learn how comparative fault works in Kentucky.
For a deeper look at car accident fees, read What a 30% Contingency Fee Actually Means for Your Car Accident Settlement.
Do I pay anything up front? No. You pay no retainer and no hourly fees. Our fee comes only from a recovery.
What are the fee percentages at each stage? Car accidents: 30% before a lawsuit is filed, 35% after a lawsuit is filed (whether the case settles or goes to trial) and 40% after an appeal is filed. Slip and fall and other non-car accidents (including truck wrecks and dog bites): 33⅓%, 37% and 40% at the same stages. Medical malpractice and wrongful death: 40%, 46% and 49% at the same stages. Every percentage is applied to the gross recovery.
Is the fee calculated before or after case costs? Before. Our percentage is applied to the gross recovery. Case expenses we advanced are then deducted from your share of the recovery, along with medical bills and liens, and the rest goes to you.
What if we lose? If there is no recovery, you owe no fees, costs or expenses. We absorb the costs.
Does the fee change if a lawsuit is filed? Yes. The fee goes up when a lawsuit is filed, whether the case later settles or goes to trial. The start of a trial is not what changes the fee. It goes up again if an appeal is filed, as stated in your written fee agreement.
Why is the fee higher for medical malpractice and wrongful death? These cases carry higher risk and cost more to build, so the fee is 40% before a lawsuit is filed, 46% after a lawsuit is filed and 49% after an appeal is filed.
What if the firm borrows money to pay case expenses? If the firm borrows funds from a lender to finance or pay case expenses, the interest and origination fees the lender charges are your responsibility and are repaid to the firm from the recovery as a case expense.
Will I get the fee agreement in writing? Yes. Kentucky requires every contingency fee agreement to be in writing and signed by the client, including the percentages at settlement, trial and appeal and how expenses are handled.
The consultation is free, and you're under no obligation. We'll explain which fee applies to your case and answer your questions about the written agreement before you decide.
Call (502) 931-6788 or request a free consultation.
Forman & Associates Accident Injury Lawyers, 1139 S. 4th St., Louisville, KY 40203
Disclaimer: The examples and calculator on this page are hypothetical and are provided for illustration only. They are not legal advice, are not results from any actual case and do not predict the outcome or value of any case. Every case is different, and past results do not guarantee future outcomes. The fee, costs and amounts payable in any representation are governed by the written, signed contingency fee agreement. This page is attorney advertising.
