Most personal injury attorneys in South Dakota work on a contingency fee, which means there is no upfront cost to hire them and, in most cases, no fee unless they recover money for you. That arrangement is what makes it possible for injured people to get a good attorney without paying out of pocket. Here is how it works and what to look for.
This article is general information, not legal advice, and Rapid City Injury Law is a free connection service, not a law firm. Always read your own fee agreement and ask questions before you sign.
What a Contingency Fee Actually Is
A contingency fee is a percentage of the money recovered, instead of an hourly rate or a retainer.
With most other kinds of lawyers, you pay by the hour or put down a retainer up front. Personal injury works differently. The attorney takes the case for a percentage of whatever they recover for you, paid at the end. If there is no recovery, in most cases there is no attorney fee. That aligns the attorney's interest with yours: they only get paid well if you do.
How Much Is the Percentage?
The percentage varies, but a common range hovers around a third.
There is no single fixed number, and it varies by attorney and by case. A frequently seen arrangement is roughly one-third of the recovery, with the percentage often higher if the case has to go to trial rather than settling, because a trial takes much more work. The exact figure should be spelled out clearly in your written fee agreement before you sign anything.
| Stage | Typical Fee Pattern | Notes | | --- | --- | --- | | Pre-lawsuit settlement | Often around a third | Varies by attorney and case | | After a lawsuit is filed | Sometimes higher | More work involved | | Trial | Often the highest tier | Most time and risk |
Use this as a general guide only. Your agreement controls the actual numbers.
Fees Versus Case Costs
The fee and the case costs are two different things. Know the difference.
Beyond the attorney's percentage fee, a case can have costs and expenses: court filing fees, charges for medical records, expert witness fees, and similar items. How these are handled varies:
- Many attorneys advance the costs and then recover them from the settlement at the end.
- Some bill costs separately from the fee.
- The order of deductions matters, because whether the fee is calculated before or after costs affects your net recovery.
Always ask how costs are handled and what happens to them if the case does not result in a recovery.
Why Hiring an Attorney Can Still Leave You Better Off
It may seem like paying a percentage means less money for you. Often the opposite is true.
The insurance adjuster works for the insurer and tends to open with a low offer. A local injury attorney handles the negotiation, gathers the evidence, and knows what claims are realistically worth. Studies of injury claims have long suggested that represented claimants frequently recover more, even after the fee is taken out. No one can promise that in your specific case, because every case is different, but it is a key reason the contingency model exists.
Questions to Ask Before You Sign
A good attorney will welcome these questions.
- What is the contingency percentage, and does it change if the case goes to trial?
- How are case costs handled, and are they deducted before or after the fee?
- What happens to costs if we do not win?
- Who pays for experts if the case needs them?
- How will you keep me updated on the progress of my claim?
Getting clear answers in writing up front prevents surprises later.
How This Connects to Your Case
You can learn where you stand without spending anything.
The local injury attorneys we connect you with across Rapid City and the Black Hills work on contingency and will explain their fee clearly before you decide anything. If you are still gathering your bearings after a crash, our guide on what to do in the first 48 hours after a car accident walks through the immediate steps. For an overview of the fee model on our car accident claims page, the same principle applies across every type of injury case.
The Bottom Line
A contingency fee means no upfront cost and, in most cases, no fee unless you win. The percentage is commonly around a third but varies, case costs are separate and should be explained clearly, and hiring an attorney often leaves injured people better off even after the fee.
If you were injured anywhere in Rapid City or the Black Hills, call (605) 555-0500 or request a free, confidential case review. We will connect you with a local injury attorney who will explain the fee and your options with no obligation.
