Short answer: Arizona car accident lawyers work on contingency — a percentage of the recovery, nothing if you recover nothing. Rates are not standardised and most agreements step up when a case enters litigation. Hirsch & Lyon charges 25% settled without litigation and 30% in litigation, plus costs.
Fee and costs are two different things
The fee is the lawyer’s percentage. Costs are what the case spends — records, filing fees, expert reports, deposition transcripts. Ask whether the fee is calculated before or after costs are deducted, because the two produce different numbers from the same settlement.
The litigation step-up
Most contingency agreements increase the percentage once suit is filed, reflecting the additional work. Many do it automatically without it being explained at signing. Ask directly: what is the rate now, and what does it become in litigation?
Three questions before you sign
- What is the percentage, and does it rise in litigation?
- Are costs deducted before or after the fee is calculated?
- If we recover nothing, do I owe costs?
What a lower rate is worth
On a $100,000 settlement the difference between 25% and 33% is $8,000 to you. That is not a marketing point — it is the largest single deduction from most recoveries. See how personal injury fees work.
Questions people ask
Do I pay anything up front?
No. Contingency work requires no retainer and no hourly billing.
What if we lose?
You owe no fee. Ask each firm specifically about costs in that scenario, as practice varies.
Is a lower percentage always better?
Not automatically — experience and willingness to try cases affect the gross recovery. But an unexplained step-up to 40% in litigation is worth questioning.
Can fees be negotiated?
Sometimes, particularly on larger or clearer claims. You will not know unless you ask.
Free case review
Board-certified specialist Jack Hirsch. No fee unless you recover — 25% settled without litigation, 30% in litigation, plus costs. 602-535-1900.