Legal fees can feel overwhelming when you are already dealing with the stress of an injury. Many people worry about how they can afford a lawyer, especially if their case ends up going to trial. The good news is that most personal injury cases work on a contingency fee basis, which means you do not pay anything upfront, and your lawyer only gets paid if you win your case.
At Dominguez Law, we handle legal fees on a contingency basis, so you can pursue justice without worrying about paying by the hour or covering costs you cannot afford. We have secured over $30 million in settlements and verdicts for our clients across New Mexico with a 99% success rate in more than 300 successfully resolved cases.
What Are Contingency Fees?
Contingency fees are a payment structure where your lawyer only receives compensation if your case results in a settlement or verdict in your favor. Instead of charging by the hour or requiring a retainer upfront, your attorney takes a percentage of the final award. This percentage is agreed upon at the start of your case and is typically between 33% and 40%, depending on how far the case progresses.
If your case settles before trial, the percentage is usually lower. If it goes to trial, the percentage may be higher to account for the additional time, preparation, and resources required. The important thing is that you do not pay anything out of pocket, and if you do not win, you do not owe your lawyer anything for their services.
Why Contingency Fees Matter for Trial Cases
Taking a case to trial requires significantly more work than settling out of court. Your lawyer must prepare evidence, file motions, conduct depositions, hire expert witnesses, and present your case before a judge and jury. This can take months or even years, depending on the complexity of your case.
Because of this extra work, some law firms may hesitate to take cases to trial if they do not believe the potential outcome justifies the time and expense. However, at Dominguez Law, we approach every case with the mindset that it may go to trial. We prepare accordingly from the start, so you are not caught off guard if negotiations fail and your case needs to be decided in court.
What Costs Are Separate from Attorney Fees?
While your attorney fees are covered by the contingency agreement, there are other costs associated with preparing and trying a case. These are called litigation costs or case expenses. They include filing fees, expert witness fees, medical record retrieval, court reporter fees, travel expenses, and other necessary costs to build a strong case.
Some law firms require clients to pay these costs as they arise. Others advance these costs on behalf of the client and deduct them from the final settlement or verdict. At Dominguez Law, we advance case costs so you do not have to worry about paying for these expenses while your case is ongoing. We only recover these costs if we win your case.
How Much Does a Trial Actually Cost?
The cost of taking a case to trial varies widely depending on the type of case and the issues involved. Simple cases with clear liability and minimal disputes may cost less, while complex cases involving medical malpractice or catastrophic injuries may require extensive expert testimony and additional investigation.
For example, expert witnesses such as accident reconstructionists, medical professionals, or economists who calculate future lost wages can charge thousands of dollars for their time and testimony. Medical records and depositions can also add up quickly. In some cases, trial costs can reach tens of thousands of dollars or more.
However, these costs are an investment in your case. A well-prepared trial with strong evidence and credible expert testimony can make the difference between a low settlement offer and a substantial jury verdict that fully compensates you for your losses.
What Happens If You Lose at Trial?
One of the biggest advantages of a contingency fee arrangement is that you are not responsible for paying your lawyer if you do not win. However, whether you are responsible for case costs if you lose depends on your agreement with your lawyer. Some agreements state that the client is responsible for costs even if the case is unsuccessful, while others waive those costs entirely.
At Dominguez Law, we believe in protecting our clients from financial risk. We advance all case costs and only recover those expenses if we win your case. If we do not win, you do not owe us anything.
How to Evaluate Whether Going to Trial Is Worth It
Not every case should go to trial. In many situations, settling out of court is the best option because it provides a guaranteed recovery without the uncertainty of a jury verdict. However, there are times when going to trial is necessary to get the compensation you deserve.
You should consider going to trial if the insurance company refuses to offer a fair settlement, the defendant denies liability despite clear evidence, or your damages are significant and a jury is likely to award more than the settlement offer. Your lawyer can help you weigh the pros and cons based on the facts of your case, the strength of the evidence, and the potential outcomes.
At Dominguez Law, we are not afraid to take cases to trial when it is in your best interest. We have extensive courtroom experience and have secured substantial verdicts for our clients, including a $2,500,000 medical malpractice verdict and a $1,500,000 personal injury verdict.
Questions to Ask Your Lawyer About Fees
Before you hire a lawyer, make sure you understand how they charge for their services and what you may be responsible for paying. Some important questions to ask include: What percentage do you charge if the case settles before trial? What percentage do you charge if the case goes to trial? Are case costs advanced by the firm or paid by the client? If we lose, am I responsible for case costs? Are there any other fees or expenses I should be aware of?
A reputable lawyer will be transparent about fees and costs from the start. If a lawyer is unwilling to answer these questions or tries to rush you into signing an agreement, that is a red flag.
Contact Dominguez Law Today
Trial preparation requires skill, resources, and a willingness to fight for what is right. At Dominguez Law, we have been committed to achieving justice for our clients in New Mexico for over a decade. With over $30 million in settlements and verdicts and a 99% success rate, we know how to build strong cases and get results. Our initial consultations are free of charge, and we take calls on the weekends.
If you have been injured and are worried about how you can afford a lawyer, do not let that stop you from getting the legal help you need. We work on a contingency fee basis, which means you do not pay unless we win. Contact us today to discuss your case and learn how we can help you pursue the compensation you deserve.
