How Much Money Do I Need to Hire a Personal Injury Lawyer In Missouri? – Attorney-Client Contingency Fee Agreements Explained

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC’s firm handles cases for his clients almost exclusively on contingency fee agreements.

Learn About Attorney-Client Contingency Fee Agreements Before Scheduling a Consultation With Duckworth Injury Law

Hiring a local and experienced personal injury attorney after your car, truck, motorcycle, or boat accident in mid-Missouri is crucial to protect your legal rights and to obtain full and fair compensation for your damages. But what happens if you are seriously injured, or a loved one is killed, in an accident and you do not have money available to hire a lawyer?

What is a contingency fee in Missouri personal injury law?

In Missouri, personal injury attorneys are permitted to work on cases under a contingency fee agreement. A contingency fee agreement means you only have to pay your attorney at the conclusion of the representation and only if the case results in a financial recovery for you. Simply put, injury victims do not need to pay any money out of pocket to hire a personal injury lawyer in Missouri.

Contingency fee agreements provide a huge benefit to accident victims across the state as they allow nearly all Missourians equal access to the civil court system. As long as a personal injury lawyer is willing to represent you and take on your case, there is typically no financial risk in pursuing your claim. Unlike most other areas of law where attorney’s work on an hourly fee basis, contingency agreements are primarily used in plaintiff-sided tort cases, such as personal injury claims (car accidents, premises liability, etc.) and mass tort (class actions). These agreements provide incentive for your lawyer to pursue your case efficiently, and not drag their feet, as they do not get paid until the resolution of your case. Attorney’s fees under a contingency fee contract are almost always a set percentage of the gross recovery. This further aligns the interests of the lawyer and client, as both parties have a financial interest in maximizing your recovery. 

What do I need to know about the rules associated with a contingency fee in a Missouri personal injury case?

There are specific rules governing attorney-client contingency fee agreements in Missouri, however. Pursuant to the Missouri Supreme Court Rules (Rule 4-1.5), a contingency fee agreement must be: (1) in writing; (2) signed by the client; (3) state the method by which the fee is determined, including her percentage of the fee; and (4) be clear as to how expenses are deducted in calculating fees and whether the client is responsible for fees if the claim is unsuccessful. Under Missouri law, a contingency fee agreement cannot be made in most domestic relations cases (divorce, alimony, support) or for representation of a criminal defendant. 

Although there is no set cap for the attorney’s fee percentage under a contingency fee agreement, Missouri law does require that the fee be “reasonable”. With regard to attorney’s fees for personal injury cases, most lawyers work on a sliding fee basis somewhere between 25% - 40% (with 33 1/3% being the most common percentage fee on a personal injury case settled pre-suit). A typical sliding fee on a personal injury case includes a lower percentage fee if the case is resolved prior to litigation (i.e., prior to the filing of a lawsuit) and a higher percentage fee if the case settles after the suit is filed (note – some sliding fee agreements also include an even higher percentage fee if the case is appealed). 

While today, nearly all plaintiff personal injury lawyers in Missouri work under some form of contingency fee contract with their clients, it’s important to know that these contracts are not all the same. Therefore, it’s important that you read your lawyer’s proposed attorney-client agreement prior to signing it, and that you ask questions regarding any terms you do not understand. From contract to contract you will often find subtle differences with regards to the attorney’s fee percentage, how the attorney’s fee percentage is calculated (before or after case expenses are withdrawn), what the sliding scale includes on the attorney’s fee percentage (and what event triggers an increase), as well as whether you are still responsible for reimbursing your attorney for case expenses if you lose your case.  While these differences can appear trivial at the outset of your case, they can make a large difference in your net recovery at the conclusion of your case.

Our Personal Injury Attorney Will Accommodate Your Needs When Filing a Claim in Missouri. 

If you find yourself in need of a personal injury attorney in Columbia, Jefferson City, Moberly, Mexico, Sedalia, Fulton, the Lake of the Ozarks, or another mid-Missouri town, our firm would be honored to assist you. Duckworth Injury Law works almost exclusively pursuant to contingency fee agreements, so you do not owe us anything until our attorney wins your case. Our fees are in-line with, and often below, many of the personal injury firms across mid-Missouri. 

Even if you are not sure whether you want to hire a lawyer for your accident claim or not, our attorney is always happy to discuss your options with you at no charge. Call, message, or email us today to see if we can help.