How Contingency Fees Work in Cleveland and Ohio

Home FAQ

Contingency fees can make it possible to pursue a strong claim without paying hourly attorney fees up front.

If you’re considering a contingency-fee arrangement in Cleveland or Northeast Ohio, call (440) 248-8811 or contact us online for a confidential consultation.

Fee arrangements vary by case type and facts. This page is general information and not legal advice.

On this page: What Is a Contingency Fee? | Cases We Handle on Contingency | How Fees Are Calculated | Case Expenses & Costs | Example Breakdown | Questions to Ask | FAQ

What Is a Contingency Fee?

A contingency fee is an attorney-fee arrangement where the lawyer’s fee is typically a percentage of the recovery. In many contingency-fee matters, there is no attorney fee unless compensation is recovered. The exact percentage and terms depend on the written fee agreement and the case details.

Contingency fees are common in cases where the client has a strong claim but cannot (or should not have to) pay a large retainer plus hourly rates.

Types of Ohio Cases Often Considered for Contingency Fees

The attorneys at Triscaro & Associates take many Ohio matters on a contingency-fee basis, including:

If you have a potential claim and want to know whether it may qualify for a contingency-fee arrangement, contact us.

How Attorney Fees Are Calculated

Contingency fees are usually calculated as a percentage of the recovery (settlement or judgment). Depending on the case and the agreement, the percentage may vary based on factors such as:

  • Complexity and expected cost to prove liability and damages
  • Whether a lawsuit must be filed and litigated
  • Whether the case proceeds to trial or appeal
  • Collectability (insurance coverage, available assets, and lien issues)

Important: Always review the written fee agreement and ask how the percentage is applied (and whether it changes at different stages of the case).

What About Case Expenses and Costs?

In litigation, there are often case expenses separate from attorney fees. These can include:

  • Filing fees
  • Deposition and transcript costs
  • Expert witness fees
  • Record retrieval and medical records costs
  • Court costs and service fees

Many contingency-fee firms will advance expenses and seek reimbursement from the recovery, but arrangements vary. Before you sign, ask:

  • Which expenses the firm advances
  • When and how expenses are repaid
  • How expenses are handled if there is no recovery

Example of a Contingency Fee Breakdown

Illustration only (numbers vary by case and agreement):

  • Gross Recovery: $1,000,000.00
  • Attorney Fee (example percentage): $333,333.33
  • Advanced Costs/Expenses (example): $66,666.67
  • Net Recovery to Client (example): $600,000.00

Settlement distributions may also involve medical bills, subrogation claims, and liens. Ask how these issues are addressed in your case.

Questions to Ask Before Hiring a Contingency Fee Lawyer

  • What percentage applies—and can it change if the case is filed or tried?
  • How are case expenses handled (advanced vs. paid as incurred)?
  • How will you evaluate insurance coverage and collectability?
  • How will you keep me updated (frequency and method)?
  • How are liens (medical, Medicare/Medicaid, workers’ comp) handled?
  • Will I receive a written settlement statement showing all deductions?

If you’re looking for a Cleveland contingency fee lawyer for a potential claim, call (440) 248-8811 or contact Triscaro & Associates.

Contingency Fee FAQs

What is a contingency fee in Ohio?

A contingency fee is an attorney-fee arrangement where the lawyer’s fee is typically a percentage of the recovery. In many cases, there is no attorney fee unless compensation is recovered, but the fee terms depend on the written fee agreement.

What types of cases are commonly handled on contingency?

Contingency fees are commonly used in personal injury and wrongful death matters, and may apply in certain other civil claims depending on the facts. Whether a case qualifies depends on the circumstances and the firm’s evaluation.

How are case expenses handled in a contingency fee case?

Case expenses can include filing fees, depositions, expert witness fees, and record costs. Some firms advance expenses and seek reimbursement from the recovery; other arrangements may require the client to pay costs as the case progresses. The written fee agreement controls.

Do I owe anything if we do not win?

In many contingency cases, there is no attorney fee unless compensation is recovered. However, responsibility for advanced expenses can vary by agreement and by case type. Review the written fee agreement and ask how expenses are handled if there is no recovery.

What should I ask before signing a contingency fee agreement?

Ask how the percentage is calculated, how expenses are handled, whether the percentage changes if a case is filed or tried, how liens and medical bills are addressed, and how the settlement distribution will be documented.