The cost of hiring an Arizona personal injury lawyer depends on the fee agreement and the expenses your case requires. In a contingency arrangement, payment for the lawyer’s work depends on the outcome specified in that agreement. Before signing, understand the fee calculation, any expenses you may owe, and what happens if there is no recovery. Arizona’s ER 1.5 requires a contingency fee agreement to be in writing and signed by the client. It does not set one percentage for every personal injury case.
Understand the costs before you decide
Bring your fee and expense questions to a free case review. Ask for the terms in writing before hiring a lawyer.
What a contingency fee covers
A legal fee pays for the lawyer’s work. In a contingency arrangement, that fee depends on the outcome described in the agreement. If the fee is a percentage of a recovery, the agreement must explain the calculation, including the percentages that apply to settlement, trial or appeal.
The fee is separate from case expenses. Court filing fees, medical record charges, depositions and expert work are examples of expenses a case may involve. An agreement about the lawyer’s fee does not, by itself, tell you who pays those bills.
The written agreement matters more than a quoted percentage
Under Arizona ER 1.5(c), a contingency fee agreement must be in writing and signed by the client. It must explain how the fee is determined, what expenses will be deducted from a recovery, and whether those expenses come out before or after the fee is calculated. It must also clearly identify any expenses the client owes whether or not the case succeeds.
Those details affect what you receive. Ask the lawyer to walk through the calculation using an illustration, with the fee and each expected deduction shown separately. An illustration can explain the agreement without predicting what your case is worth.
Fees and case expenses are different
Ask who pays expenses as the case proceeds and whether you must make any payment in advance. If the firm advances expenses, ask when repayment is due and whether repayment depends on a recovery. Do not assume every law firm has the same policy.
You can also ask how expense decisions are made, whether you will be consulted before a significant expense, and how you will receive updates. Discuss these questions before signing so the written terms match your understanding.
Questions to ask before you sign
Start with the fee calculation: What rate applies if the case settles? Does it change if a lawsuit, trial or appeal is needed? What work is included in the representation? Ask what the agreement says about ending the relationship or changing lawyers.
Then ask about expenses: Which charges are your responsibility? Are they deducted before or after the fee? Could you owe them without a recovery? Are any payments due upfront? If a term is unclear, ask for an explanation and any agreed change in writing before you sign.
What happens if there is no recovery?
The agreement should explain both the fee and any remaining expense responsibility. A contingency fee arrangement does not automatically mean every case expense is forgiven if there is no recovery. ER 1.5(c) specifically requires the agreement to make clear any expenses the client owes whether or not the client prevails.
Ask for a direct explanation of what you could owe in that situation. A general promise about fees cannot replace the expense terms in your signed agreement.
Understanding the final calculation
At the end of a contingency fee matter, ER 1.5(c) requires the lawyer to provide a written statement explaining the outcome. If there is a recovery, that statement must show the amount being sent to the client and how it was calculated. Ask about any deduction you do not understand.
Fees and expenses must be reasonable under ER 1.5. You can read the State Bar of Arizona’s guidance on fee agreements and explore our Arizona injury resource guides for help with other questions about a claim.
Frequently Asked Questions
How much does a personal injury lawyer cost in Arizona?
The fee depends on the agreement and the work it covers. In a contingency matter, the signed written agreement must explain the fee calculation, including percentages that apply to settlement, trial or appeal, and how expenses are handled. Arizona ER 1.5 requires fees and expenses to be reasonable.
Do I owe anything if my personal injury case does not succeed?
Read the fee and expense terms separately. A contingency arrangement does not automatically eliminate responsibility for case expenses. ER 1.5(c) requires the agreement to clearly identify any expenses you owe whether or not you prevail.
Can I ask a lawyer to change the fee agreement?
Yes. Ask about any term you do not understand or want to discuss before signing. A lawyer may or may not agree to a requested change. The final written agreement should reflect the terms you accept, and the fee and expenses must be reasonable.
Are case expenses deducted before or after the lawyer's fee?
The contingency fee agreement must state whether expenses are deducted before or after the fee is calculated. Ask the lawyer to show you the calculation and explain each category of deduction before you sign.
Do I have to pay anything upfront to hire a personal injury lawyer?
Do not assume the answer from the words contingency fee alone. Ask whether any fee or expense payment is due in advance, who pays expenses while the case proceeds, and what you could owe without a recovery. Confirm those terms in the written agreement.
Get clear on costs before taking the next step
An injury already brings enough financial questions. Request a free case review and ask about fees, case expenses and the written agreement so you can make an informed decision.
📞 Call (480) 937-2116 Ask about fees and my optionsLearn more about working with an Arizona personal injury lawyer.
Source: State Bar of Arizona guidance on ER 1.5 and fee agreements.
This article provides general information about Arizona law and is not legal advice. Every case is fact-specific.