Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive a percentage of your award if and when you recover for your injuries. Contingency fees average between 25 and 40 percent. Most attorneys charge a smaller percentage if the case is settled before the attorney does all the work necessary to go to trial. If you and your attorney agree to a contingency fee, the attorney must put the agreement in writing and provide you with a signed copy. Some attorneys may charge an hourly fee or a flat fee for their services.

Out of pocket expenses include such things as filing fees, deposition fees, expert witness fees, and other similar expenses. The attorney's out of pocket costs are in many cases not included in the attorney's fees. You should be sure to pay attention to how an attorney will bill you for costs because they can amount to quite a significant sum.