When you’re recovering from a car accident and dealing with medical bills, insurance adjusters, and uncertainty about your future, the last thing you want is confusion about attorney fees. If you’re considering Morgan & Morgan or any major personal injury firm, understanding exactly how you’ll pay—and what you’ll actually owe—matters more than most people realize.
The contingency fee model sounds straightforward: no upfront costs, and the attorney only gets paid if you win. But in practice, accident victims often discover details they didn’t expect. Let’s break down how Morgan & Morgan’s fee structure actually works, what the contingency percentage covers, and what costs you might still be responsible for even if your case succeeds.
What “No Fee Unless We Win” Actually Means
Morgan & Morgan, like most personal injury firms, operates on a contingency fee basis. This means you don’t pay hourly rates or retainer fees upfront. Instead, the firm takes a percentage of your final settlement or court award—but only if they recover money on your behalf.
Here’s the reality: if your case doesn’t result in compensation, you typically won’t owe attorney fees. That’s the fundamental promise of contingency representation, and it’s what makes legal help accessible to people who couldn’t otherwise afford a lawyer after an accident.
But “no fee unless we win” doesn’t mean “no costs under any circumstances.” There’s an important distinction between attorney fees and case costs, and understanding that difference prevents surprises down the road.
The Standard Contingency Percentage Range
Morgan & Morgan’s contingency fee typically falls between 33% and 40% of your total recovery. The exact percentage depends on several factors:
Settlement vs. Trial: If your case settles before a lawsuit is filed, the fee is usually around 33%. If the case goes to litigation and you need to file a lawsuit, the percentage often increases to 40%. Once a case reaches trial, some agreements allow for even higher percentages due to the additional work and risk involved.
Case Complexity: Straightforward rear-end collision cases with clear liability may stay at the lower end. Multi-vehicle accidents, disputed liability claims, or cases involving severe injuries that require extensive investigation and expert testimony can push toward higher percentages.
State-Specific Rules: Some states regulate contingency fees in personal injury cases. Florida, for example, has rules that can affect how fees are structured in certain situations. The retainer agreement you sign will reflect your state’s requirements.
What most people don’t realize is that this percentage comes off the top of your gross recovery, not after costs are deducted. That distinction matters when you’re calculating what you’ll actually take home.
How Case Costs Work Separately from Attorney Fees
Even under a contingency arrangement, there are expenses involved in building and pursuing your claim. These are separate from the attorney’s fee percentage.
Case costs might include:
- Medical record retrieval fees
- Police report copies
- Expert witness fees (accident reconstructionists, medical experts, economists)
- Court filing fees if a lawsuit is necessary
- Deposition transcripts
- Investigation costs, including hiring private investigators
- Travel expenses for out-of-town depositions or trials
Here’s where things often go wrong in client expectations: some firms advance these costs during your case, meaning they pay them upfront and then deduct them from your settlement. Other firms may require you to reimburse costs even if you don’t win, depending on how your retainer agreement is written.
Morgan & Morgan typically advances case costs, which means you won’t have to pay them out of pocket while your case is ongoing. But when your case settles, those costs are deducted from your recovery before you receive your portion. In a complex case, costs can reach several thousand dollars—sometimes more if expert testimony is needed.
Always ask during your initial consultation: “If my case is unsuccessful, am I responsible for reimbursing case costs?” The answer varies by firm and sometimes by case type, but you have a right to know before you sign anything.
How Settlement Math Actually Works
Let’s walk through a realistic example so you can see exactly how the money breaks down.
Assume you’re injured in an accident and Morgan & Morgan negotiates a $100,000 settlement on your behalf. Your retainer agreement states a 33% contingency fee, and case costs totaled $5,000.
Here’s what happens to that $100,000:
- Attorney Fee (33%): $33,000
- Case Costs: $5,000
- Your Net Recovery: $62,000
Some firms deduct costs before calculating the attorney fee, which changes the math slightly in your favor. If costs are deducted first:
- Case Costs: $5,000
- Attorney Fee (33% of $95,000): $31,350
- Your Net Recovery: $63,650
The difference in this example is $1,650—not enormous, but meaningful when you’re covering medical bills and lost wages. Your retainer agreement should specify which method applies.
Also worth noting: if you have medical liens from health insurance companies, Medicare, or medical providers who treated you on a lien basis, those get paid from your portion of the recovery. An attorney can sometimes negotiate those liens down, but you need to factor them into your expectations about what you’ll actually receive.
When the Percentage Increases (and Why)
If your case doesn’t settle quickly and the firm has to file a lawsuit, the contingency percentage often jumps to 40%. This isn’t arbitrary. Litigation is significantly more work.
Once a lawsuit is filed, your attorney is now managing:
- Discovery, including interrogatories and document requests
- Depositions of witnesses, medical providers, and potentially the at-fault driver
- Motions practice and court hearings
- Settlement conferences and mediation
- Potential trial preparation, including jury selection and witness prep
Each phase requires hours of attorney time, paralegal support, and often collaboration with experts. The increased percentage reflects that reality.
What many accident victims don’t expect is how this affects settlement timing. Insurance companies know that once litigation starts, your attorney’s share goes up and your net recovery goes down (as a percentage). Sometimes, that motivates them to settle sooner. Other times, they dig in because they know the increased cost makes trial less attractive to you.
There’s no universal rule here, but it’s something to discuss openly with your attorney. If you’re close to a reasonable settlement offer and litigation would bump the fee from 33% to 40%, you need to weigh whether pushing forward is financially worth it.
Comparing Morgan & Morgan’s Structure to Smaller Firms
Morgan & Morgan operates as a large, national firm with significant resources. That scale brings advantages and trade-offs compared to smaller, local practices.
Advantages of a large firm structure:
- They can afford to front substantial case costs without financial strain
- They have in-house experts and support staff to handle complex cases
- Name recognition can sometimes carry weight in settlement negotiations
- They have the infrastructure to take cases to trial if necessary
Potential drawbacks:
- Your case may be handled by a team rather than a single attorney you consistently interact with
- High caseloads can mean less personalized attention
- Fee structures are typically non-negotiable due to firm-wide policies
Smaller firms or solo practitioners may offer more flexibility on contingency percentages, especially for straightforward cases. A local attorney might agree to 30% if your case settles quickly without litigation, or they might be willing to adjust fees based on your specific financial circumstances.
Neither model is inherently better. It depends on your case’s complexity, your comfort level with firm size, and your priorities around personal attention versus institutional resources.
What Happens If You Fire Your Attorney or Switch Firms
Life happens. Sometimes clients become dissatisfied with communication, strategy, or just want a second opinion. If you’re considering leaving Morgan & Morgan or any firm mid-case, you need to understand how fees are handled.
Most retainer agreements include provisions for what happens if the attorney-client relationship ends before the case resolves. Typically, the firm is entitled to compensation for work already completed, calculated either as a percentage of any eventual recovery or based on the reasonable value of services rendered.
This is where things get complicated. If you switch to a new attorney and your case eventually settles, both the original firm and the new firm may claim a portion of the contingency fee. Courts often have to decide how to divide that fee fairly based on how much work each attorney did.
Before switching attorneys, talk to your current firm directly about your concerns. Many issues can be resolved through better communication or reassignment to a different attorney within the firm. If you do decide to leave, consult with your new attorney about potential fee complications so there are no surprises at settlement time.
Questions You Should Ask Before Signing a Retainer Agreement
Whether you’re considering Morgan & Morgan or any other personal injury firm, these questions protect you from confusion later:
“What is your contingency fee percentage, and does it change if we go to trial?”
Get clarity on the 33% vs. 40% question and exactly when that increase triggers.
“How are case costs handled? Will I owe them if we don’t recover anything?”
Understand whether costs are advanced and forgiven if you lose, or if you’re responsible regardless of outcome.
“Are costs deducted before or after your fee is calculated?”
This affects your bottom line, so make sure you know.
“Who will actually be handling my case day-to-day?”
In large firms, the attorney you meet with initially may not be the one managing your file. Know who to contact and how communication will work.
“What happens if I’m unhappy and want to end our agreement?”
You have the right to fire your attorney, but understanding the financial implications ahead of time prevents disputes later.
“How do you handle medical liens and subrogation claims?”
If you have health insurance or received government benefits, those entities may have a right to reimbursement from your settlement. Your attorney should help negotiate those down, but you need to know the process.
When Contingency Fees Are Worth It (and When to Question Them)
For serious injury cases with significant medical treatment, lost income, and substantial damages, contingency representation makes absolute sense. Without it, most accident victims couldn’t afford the upfront cost of litigation.
But there are scenarios where the math doesn’t favor a contingency arrangement:
Minor accidents with quick, straightforward settlements: If an insurance company offers you $10,000 within a few weeks and liability is completely clear, paying 33% ($3,300) to an attorney might not be necessary. You could potentially handle that negotiation yourself or hire an attorney on an hourly basis for limited advice.
Cases where the recovery is capped or modest: If your damages are limited—maybe a few thousand in medical bills and minimal lost wages—a contingency fee could eat up a disproportionate amount of your recovery. Some attorneys will still take these cases; others won’t because the fee doesn’t justify their time.
The key is being realistic about what your case is worth. An experienced attorney should be honest with you during a consultation about whether hiring them makes financial sense for your situation.
The Bottom Line on Morgan & Morgan Fees
Morgan & Morgan’s contingency fee structure follows the personal injury industry standard: roughly 33% if your case settles before litigation, 40% if a lawsuit becomes necessary, with case costs deducted separately. This model makes legal representation accessible when you can’t afford to pay by the hour, and it aligns the attorney’s incentives with yours—they only get paid if you do.
The most important thing is reading your retainer agreement carefully and asking questions before you sign. Understand exactly what percentage applies to your case, how costs are handled, and what you’ll owe under different scenarios. A reputable firm will answer these questions clearly and without pressure.
You’re not just hiring a firm. You’re entering a financial partnership that could last months or even years. Take the time to make sure you fully understand how that partnership works before moving forward. The more clarity you have at the beginning, the fewer frustrations you’ll face when your case finally resolves and it’s time to see what you’re actually taking home.
