Pursuing legal action can feel overwhelming, especially when you’re worried about the cost of hiring an attorney. That’s where no-win no-fee agreements come in.
This type of arrangement removes financial barriers for injury victims, allowing them to seek compensation without the risk of paying legal fees out of pocket. It is particularly beneficial for individuals facing mounting medical bills, lost wages, and other financial hardships after an accident.
At Richard Schwartz & Associates, we believe in leveling the playing field for Mississippians. With deep roots in the community and over 44 years serving Mississippi, our nationally recognized trial attorneys have fought—and won—cases against powerful insurance companies and large corporations.
We take pride in standing up for injured individuals and their families, ensuring they get the justice and compensation they deserve.
Wondering if this is the right option for you? Contact our Mississippi personal injury attorneys for a free consultation.
What is a No-Win, No-Fee Agreement?
A no-win no-fee agreement, also known as a contingency fee agreement, is a legal arrangement in which a client does not pay attorney fees upfront. Instead, the lawyer only gets paid if they successfully recover compensation—whether through a settlement or a court verdict. If you don’t win your case, you typically do not owe any attorney fees.
This type of agreement ensures that individuals can pursue legal action without worrying about financial barriers. In Mississippi, no-win no-fee agreements are commonly used in cases where a person has suffered harm due to someone else’s negligence. These include:
- Personal Injury Claims: Car accidents, slip and falls, workplace injuries, and defective products.
- Medical Malpractice Claims: Misdiagnosis, surgical errors, medication mistakes, and hospital negligence.
- Wrongful Death Lawsuits: Cases where a loved one has died due to another party’s negligence.
- Employment Disputes: Wrongful termination, workplace discrimination, and harassment claims.
- Consumer Protection Cases: Defective products, fraudulent business practices, and unsafe medications.
How No-Win No Fee Works in Mississippi
Understanding how a no-win no-fee case works in Mississippi is crucial to protecting yourself and securing the compensation you deserve. These are the steps in a no-win no-fee case:
- Free Case Review & Initial Consultation: The process begins with a free consultation, where our team reviews the details of your case. They assess whether your claim has merit, explain your legal options, and determine if a no-win no-fee arrangement is suitable for your situation.
- Signing a Contingency Fee Agreement: If your case qualifies, you will sign a contingency fee agreement outlining the terms of representation. The exact percentage depends on factors such as case complexity and case stage (pre-settlement vs. trial or appeal).
- Lawyer Covers Legal Costs Upfront: Unlike traditional legal billing, where clients must pay court fees and other expenses as the case progresses, a no-win no-fee lawyer fronts all necessary costs, including court filing fees, expert witness fees, medical record retrieval costs, and deposition and investigation costs. At Richard Schwartz & Associates, we handle these expenses so our clients don’t have to worry about financial burdens while pursuing their cases.
- If You Win, We Receive a Percentage of the Settlement: If your case is successful, our fee is deducted as a pre-agreed percentage of your compensation. Additionally, any case-related expenses covered by the firm are reimbursed. The remaining amount goes directly to you to cover medical bills, lost wages, pain and suffering, and other damages.
- If You Lose, You Typically Pay Nothing: In most no-win no-fee agreements, if your case is unsuccessful, you won’t pay us a penny. At Richard Schwartz & Associates, we clearly explain all potential costs upfront, so you know exactly what to expect.
Pros of a No-Win No-Fee Agreement
A no-win no-fee agreement offers several advantages, particularly for injury victims who might not have the financial means to afford legal representation up front. However, like any legal arrangement, it also has potential drawbacks. Understanding both can help you decide if this type of agreement is right for you.
Some advantages include:
- Zero Upfront Costs: Our clients do not have to pay anything at the beginning of the case, making legal representation accessible regardless of financial status. This is especially helpful for personal injury victims, who may already be dealing with medical bills and lost income.
- Aggressive Legal Representation: Since our attorney’s payment depends on a successful outcome, we have a strong incentive to fight for the highest possible compensation. This is particularly beneficial in cases like car accidents, workplace injuries, and wrongful death claims, where insurance companies often try to minimize payouts.
- Experienced, Cost Efficient Legal Support: Some of the best personal injury attorneys work on a contingency fee basis, allowing clients to hire experienced legal professionals without worrying about hourly fees. This is critical for medical malpractice and product liability cases, which require expert witnesses and extensive legal work.
- No Financial Risk: If your case is unsuccessful, you typically do not owe any attorney fees. This allows victims of slip and fall accidents, defective product injuries, and employment disputes to pursue justice without the financial risk of hiring our lawyer.
Some disadvantages include:
- Contingency Fees: In Mississippi, contingency fees typically range from 25% to 45% of the final settlement or court award. While this structure makes legal help accessible, it also means that a portion of your compensation goes to your attorney. This is an important consideration in high-value claims, such as catastrophic injury or wrongful death cases.
- Case Qualification: Lawyers who work on contingency are selective about the cases they take, prioritizing those with clear liability and strong evidence. If your case is legally complicated—such as a medical malpractice lawsuit requiring extensive expert testimony—some firms may be hesitant to accept it.
- Potential Hidden Fees: While you don’t pay attorney fees upfront, some firms may require reimbursement for case-related expenses such as court filing fees, expert witness costs, and deposition expenses. This is especially relevant in employment law cases or consumer protection lawsuits, where legal costs can add up quickly.
At Richard Schwartz & Associates, we believe in transparency. We cover case-related expenses upfront, and if we don’t win, you typically owe nothing. Our team is committed to fighting for Mississippians and ensuring that financial constraints don’t stand in the way of justice. Reach out to our Mississippi personal injury lawyer today for a free consultation and get the compensation you deserve.
Who Qualifies for a No-Win No-Fee Claim?
Not every case qualifies for a no-win no-fee agreement. Law firms carefully evaluate claims before accepting them on a contingency basis, prioritizing cases with strong evidence and clear liability.
Factors that increase the chances of acceptance include:
- Clear Liability: Cases where fault is obvious and well-documented are more likely to be accepted. For example, rear-end car accidents with police reports confirming the other driver’s fault are strong candidates.
- Strong Evidence: The more proof you have, the better. This includes things like medical records, accident reports, incident logs, witness statements, proof of lost wages, photos and videos of the accident scene and injuries.
- Significant Damages: Cases involving serious medical treatment, permanent disability, or major financial setbacks are more likely to be pursued.
High-Risk Cases That May Be Declined
While many personal injury claims qualify for a no-win no-fee agreement, some cases are considered too risky or complex for law firms to take on a contingency basis, including:
- Cases with Unclear Liability: If it’s difficult to prove fault or if multiple parties are involved, attorneys may be hesitant to accept the case.
- Minimal Injuries or Damages: If injuries are minor and do not require extensive medical treatment, the potential compensation may not justify the legal costs.
- Highly Complex Legal Matters: Certain cases, such as medical malpractice or product liability claims, require extensive expert testimony and may be rejected if they are too difficult to prove.
At Richard Schwartz & Associates, we carefully evaluate every potential claim to determine if a no-win no-fee agreement is the right approach. We only take on cases we truly believe in, ensuring that our clients have the best possible chance of success.
Common Myths & Misconceptions About No-Win No Fee Agreements
Myth 1: "No-win no-fee means no cost at all."
While you won’t pay attorney fees if your case is unsuccessful, some firms may still require clients to cover certain no-win no fee hidden costs, such as court filing fees, expert witness expenses, or medical record retrieval costs.
At Richard Schwartz & Associates, we are upfront about any potential expenses and, in most cases, cover these costs for our clients. If we don’t win, you typically don’t owe anything unless otherwise specified in the agreement.
Myth 2: "All lawyers offer the same deal."
Not all attorneys handle cases on a contingency fee basis the same way. Some firms have higher success rates, more experience, and better resources to handle complex cases.
Additionally, the percentage attorneys take from your settlement can vary. At Richard Schwartz & Associates, we have over 300 years of combined experience and are dedicated to fighting for maximum compensation for our clients.
Myth 3: "Lawyers settle quickly to get paid faster."
Some people believe that attorneys working on contingency rush settlements to collect their fees sooner. However, ethical and experienced lawyers prioritize getting the highest possible compensation for their clients—even if that means going through a lengthy legal process or taking your case to trial.
Our team has the, “never back down” mentality when it comes to insurance companies, only settling when it’s in our client’s best interest.
No-Win No Fee Claim Average Amounts
| Type of Case | Average Settlement Amount |
| Personal Injury Claims | $3,000 - $75,000 (varies based on injury severity) |
| Medical Negligence Claims | $50,000 - $1 million+ (varies based on severe malpractice claims |
| Workplace Accident Claims | $10,000 - $500,000 (varies based on injury severity and liability) |
| Car Accident Claims | $2,500 - $10 million |
Is No-Win, No-Fee Right for You?
No-win no-fee agreements can be a great option for many injury victims, but they aren’t the best fit for everyone. Before deciding whether this type of arrangement is right for you, consider the following factors:
- Financial Situation: Can you afford to pay a lawyer by the hour? If not, a no-win no-fee agreement allows you to seek justice without upfront costs.
- Case Strength: Do you have strong evidence, such as medical records, accident reports, and witness statements? The stronger your case, the more likely an attorney will accept it on a no-win no-fee basis.
- Risks vs. Rewards: Are you comfortable with a contingency fee, where the lawyer takes a percentage of your settlement? If your case is successful, you may pay more than you would with an hourly attorney, but the risk of losing money on legal fees is eliminated.
No-Win No-Fee Examples
Example 1: A Good Case for No-Win No-Fee
Roger was driving home from work when a distracted driver ran a red light and crashed into his car. His injuries were severe—broken ribs, a concussion, and months of physical therapy. The accident report clearly stated that the other driver was at fault, and James had medical records and lost wage statements to prove his financial losses.
Roger couldn’t afford to pay an attorney by the hour, so he sought out a personal injury lawyer who he wouldn’t pay unless we won. The attorney agreed to take his car accident case because the evidence was strong, and the at-fault driver’s insurance company was responsible for covering damages.
The lawyer fought for Roger, rejecting low settlement offers and eventually securing a much larger compensation amount than James could have negotiated on his own.
In this case, no-win no-fee was an excellent option. Roger didn’t have to worry about upfront legal costs, and his lawyer worked hard to get him the maximum payout.
Example 2: A Bad Case for No-Win No-Fee
Jessica slipped and fell in a grocery store and wanted to file a claim.
She didn’t take any pictures of the scene, didn’t file an incident report, and waited several weeks before going to the doctor. Without documentation of a hazardous condition, there was no clear way to prove that the store was responsible for her fall.
When Jessica spoke to a no-win no-fee attorney, they explained that her case was weak because there was no strong evidence of negligence. Since lawyers working on contingency only get paid if they win, they were unwilling to take on a case that had a high risk of failure. Jessica would have been better off consulting a lawyer on an hourly basis to explore other legal options.
In this case, a no-win no-fee agreement wasn’t the right fit because the lack of evidence made the claim too risky for an attorney to take on contingency.
Our No-Win No-Fee Lawyers Are Here to Help
No-win no-fee agreements can be a great option for those who have strong cases but cannot afford upfront legal fees. They provide access to quality legal representation without financial risk, making them ideal for pursuing personal injury claims, medical malpractice, and wrongful death lawsuits.
However, they are not the right choice for every case. If liability is unclear, evidence is weak, or damages are minimal, a no-win no-fee lawyer may not be willing to take on the case.
Now that you understand how no-win no-fee works, it’s time to decide whether it suits your situation. If you have a solid case with clear evidence and significant damages, this type of arrangement could be your best path to justice. Contact Richard Schwartz & Associates today for a free consultation to determine if your case is eligible.
