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Graduated vs. Flat Contingency Fees:
The Joseph A. Nagy Standard

How Fee Structures Affect What You Keep After an Injury Claim

The Industry Standard: Most injury law firms operating in Alberta use a “Graduated Contingency Fee” model. A graduated contingency fee means the law firm’s percentage of your compensation increases when the firm does more work as your case progresses. If your injury lawyer has to file a Statement of Claim, attend Questioning, or prepare for or go to trial, their fee jumps—sometimes to as high as 35% to 40%, or more.

Essentially, you are penalized because the law firm worked harder to resolve your claim.

The Joseph A. Nagy Standard: We don’t penalize our clients with graduated contingency fees. We have a Flat Contingency Fee. The percentage we agree upon at the start is the percentage you pay at the end, regardless of whether we settle early or fight for you all the way to the Court of King’s Bench. We represent people who have been injured in motor vehicle accidents in central and northern Alberta. Each of our lawyers has 20+ years of experience with all types of personal injuries arising from all types of auto accidents.

We don’t believe you should pay a higher rate just because the insurance company decides to be difficult, and we have to work harder to make sure you get the compensation you deserve.

What is your injury claim worth?

Find out! Meet with one of our experienced injury lawyers.
We will evaluate your injury claim.
We will recommend a strategy to help you receive maximum compensation.

100% Free Injury Consultation

Page Contents

How Graduated Fees Reduce Your Compensation — and How the Nagy Standard Protects It

The table below shows how contingency fees typically increase as an injury claim moves closer to trial — even though the client did nothing wrong.

  • For each Injury Claim Stage, click the row to view details.
wdt_ID wdt_created_by wdt_created_at wdt_last_edited_by wdt_last_edited_at Case Stage Fee Justification Triggers Industry Standard Fee (Experienced Lawyer) Joseph A. Nagy Standard
32 admin 03/02/2026 11:06 AM admin 03/02/2026 11:06 AM
After Statement of Claim Filed
  • Formal court pleadings are drafted and filed
  • Litigation deadlines apply
  • Defence counsel is retained by the insurer
Injury Lawyer Risks
  • Substantial legal drafting begins
  • Longer timeline to payment
  • Costs begin rising immediately
33% 33%
33 admin 03/02/2026 11:06 AM admin 03/02/2026 11:06 AM
After discoveries are completed
  • Exchange of sworn documents
  • Examinations for discovery
  • Medical and vocational expert reports
Injury Lawyer Risks
  • Discovery is time-intensive
  • Expert costs escalate
  • The case becomes fact-heavy and adversarial
35% 33%
34 admin 03/02/2026 11:06 AM admin 03/02/2026 11:06 AM
After trial preparation begins
  • Trial briefs prepared
  • Witnesses prepped
  • Experts finalized
  • Jury notices (if applicable)
Injury Lawyer Risks
  • Trial preparation is the most labour-intensive phase
  • Risk of total loss remains
  • Significant disbursements are usually outstanding
40% 33%
35 admin 03/02/2026 11:06 AM admin 03/02/2026 11:06 AM
If trial is completed
  • Trial actually proceeds (judge or jury)
  • Lawyer commits full-time resources
  • Firm absorbs weeks or months of work
Injury Lawyer Risks
  • Maximum risk exposure
  • Maximum time commitment
  • Opportunity cost for other cases
45% 33%

What Graduated Fees Really Cost You (Based on a $250,000 Claim)

This example shows how much compensation a client keeps at each stage of a $250,000 injury claim under each fee model.

Please note:

  • Graduated contingency fee percentages are based on charges typical for an experienced injury lawyer.
  • Graduated contingency fees shift financial risk from the law firm to the injured client.
  • The costs of disbursements are not shown.
  • For each Injury Claim Stage, click the row to view details.
wdt_ID wdt_created_by wdt_created_at wdt_last_edited_by wdt_last_edited_at Injury Claim Stage Industry Standard: Graduated Contingency (%) Industry Standard: Contingency Fee ($) GST ($) Industry Standard: Total Contingency Fees (incl GST) Industry Standard: Net Client Compensation ($) Nagy Standard: Flat Contingency (%) Nagy Standard: Contingency Fee ($) GST ($) Nagy Standard Total Contingency Fees (incl GST) Nagy Standard: Net Client Compensation ($) Nagy Standard: Net Client Savings ($)
7 admin 30/01/2026 10:57 AM admin 30/01/2026 12:34 PM Statement of Claim Filed 33% 82,500 4,125 86,625 163,375 33% 82,500 4,125 86,625 163,375 $0
8 admin 30/01/2026 10:57 AM admin 30/01/2026 12:36 PM Discoveries Completed 35% 87,500 4,375 91,875 158,125 33% 82,500 4,125 86,625 163,375 +$5250
9 admin 30/01/2026 10:57 AM admin 30/01/2026 12:36 PM Trial Preparation 40% 100,000 5,000 105,000 145,000 33% 82,500 4,125 86,625 163,375 +$18,375
10 admin 30/01/2026 10:57 AM admin 30/01/2026 12:37 PM Trial Completed 45% 112,500 5,625 118,125 131,875 33% 82,500 4,125 86,625 163,375 +$31,500

Percentages matter — but what you keep matters more.

Person choosing between an escalator labeled graduated contingency fee and a flat walkway labeled flat contingency fee
Graduated contingency fees create a financial uphill climb.
Our flat contingency fee keeps your compensation on level ground.

The Joseph A. Nagy Standard

Senior Lawyer Guarantee

We guarantee a knowledgeable and experienced injury lawyer will handle your injury claim from your first meeting until it’s successfully resolved.

  • No "Bait and Switch" Representation

    Your file is never handed off to junior associates or law students. You hire an injury lawyer with over 20 years of experience — and that same lawyer handles your case from start to finish.

  • Direct Access to Your Dedicated Lawyer

    Meet with your dedicated injury lawyer when you need legal advice on your case.

  • Strategy By Experienced Injury Lawyers, Not Algorithms

    Your dedicated injury lawyer will personally craft a custom legal strategy to win your case. We do not hand over legal strategies to algorithms or junior lawyers. We take the time to understand the unique impacts your injury has had on your life. We do not build strategies for easy settlements and quick paydays. We build strategies that will win at trial if needed.

  • We Are Your Ally Fighting the Billion Dollar Insurance Industry

    For more than 20 years, we have successfully taken on the insurance industry. We fight billion-dollar insurance companies, and we win!

More Money in Your Pocket!

Joseph A. Nagy Injury Law’s contingency fee means more money in your pocket!

  • No Win, No Fee

    If we don't win, you don't pay our contingency fee. Period.

  • Flat Contingency Fee

    We charge a transparent flat 33% contingency fee. Unlike most Edmonton injury law firms, we do not use 'graduated fees' that increase if your case requires more work or goes to trial.

  • No Retainer Fee

    Some lawyers charge a retainer fee. We do not.

  • Disbursements

    Disbursements are out-of-pocket costs such as medical reports and expert opinions. Joseph A. Nagy Injury Law pays the upfront costs of all disbursements. We recover those costs from the at fault party’s insurer (with very few exceptions). If we don't win, we are not paid.

  • Transparent Fee

    Joseph A. Nagy Injury Law prides itself on having publicly available, transparent fees. What we advertise is what you get!

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