A Graduated Contingency Fee means that the injury lawyer’s fee increases according to the time and/or steps taken in the lawsuit. The injury lawyer’s contingency fee is a percentage of the payment you receive when your Claim is settled or awarded by the court. So with a Graduated Contingency Fee, the percentage of your compensation retained by the injury lawyer increases.
In contrast, a flat contingency fee remains the same regardless of the time and/or steps needed to resolve your case. So with a Flat Contingency Fee, the percentage of your compensation retained by the injury lawyer stays the same.
For example, some firms that charge a graduated contingency fee start at 30% and then increase their fee by 2 or 3% (or more) after completing stages in the Lawsuit such as after filing your Affidavit of Records or Questioning and after Trial. So the fee that starts at 30% may increase to as much as 40% before your case is resolved.
Joseph A. Nagy Injury Law charges a flat contingency fee of 33% for injuries resulting from motor vehicle accidents.Return to Personal Injury Glossary