Here’s something most New Hampshire injury lawyers will tell you off the record but don’t always explain clearly on their websites: the question isn’t usually “How do I pay for my injury lawyer?”—it’s “When do I pay, and what happens if I don’t win?”
Let’s break it down in plain English.
The short answer: you usually don’t pay upfront
If you’ve been injured in a car accident, a slip and fall, a workplace incident, or any situation where someone else may be legally responsible, most personal injury lawyers in New Hampshire work on what’s called a contingency fee. Workplace injuries may involve either workers’ compensation (a separate system) or a third-party injury claim, and fee structures can differ depending on which applies.
That means our fee is contingent on the outcome of your case.
No recovery? No attorney’s fee.
This is standard in personal injury law and is designed to make legal representation accessible. It’s how the personal injury system is designed to work. People who are hurt are often dealing with medical bills, missed work, and stress. Requiring hourly payments on top of that would shut most people out of the legal system entirely.
What “contingency fee” actually means
A contingency fee is a percentage of the amount recovered in your case—either through a settlement or a verdict. At our firm, the contingency fee percentage is calculated on the gross amount recovered (the total settlement or verdict),before case expenses are reimbursed and medical bills/liens are resolved. Other fee agreements can be structured differently, so it’s always worth confirming in writing.
In New Hampshire, contingency fees commonly range from one-third (33⅓%) to 40%, depending on the complexity of the case and whether it goes to trial. Many firms use a sliding scale, meaning the percentage increases if the case requires litigation rather than settling early. The exact percentage depends on the firm and the stage of the case (pre-suit vs. litigation vs. trial).
So if your case resolves for $90,000 and your fee agreement is one-third, the attorney’s fee would be $30,000.
That fee is taken after the case resolves. You’re not writing checks along the way.
What about costs?
This is where things get a little more nuanced, and it’s important to understand.
Injury cases often involve out-of-pocket costs that are separate from attorney’s fees. These can include:
Medical record retrieval fees
Filing fees
Expert witness fees
Accident reconstruction costs
Deposition transcripts
Most New Hampshire injury lawyers will advance these costs on your behalf while the case is ongoing. That means the firm pays them upfront so you don’t have to.
At the end of the case, those costs are typically reimbursed out of the settlement or verdict before the remaining funds are distributed.
A good lawyer will explain this clearly—preferably in writing—before you ever sign anything.
What if we don’t win?
This is one of the most common concerns, and understandably so.
In many New Hampshire contingency agreements, if there is no recovery, you do not owe an attorney’s fee. As for costs, policies vary by firm. Some firms absorb the costs entirely. Others may ask clients to reimburse certain expenses.
This is why reading the fee agreement—and asking questions—is critical. There is no universal rule. You should know exactly what happens in a worst-case scenario before you move forward.
One more thing to know: if a case is filed and goes all the way to trial (or a major court ruling) and the plaintiff loses, the court can sometimes order the losing party to pay the other side’s taxable costs—things like court filing fees, service fees, and certain witness-related expenses. That’s different from attorney’s fees, which are not normally shifted to the losing side in New Hampshire unless a specific statute, contract, or sanction applies.
Why lawyers structure it this way
From the outside, contingency fees can look expensive. But they exist for a reason.
Injury cases are risky. Lawyers invest significant time, money, and resources with no guarantee of repayment. When a lawyer takes a case on contingency, they are effectively betting on the strength of your claim.
That also means your incentives are aligned. We’re motivated to pursue the best outcome as efficiently as possible, because we only get paid when the case resolves.
Are there alternatives?
In rare situations, a lawyer may agree to an hourly or hybrid arrangement—usually when liability is clear and damages are modest, or when the client prefers it. But for most injury cases, contingency fees remain the standard.
If a lawyer asks for a large retainer upfront for a typical personal injury case, that should raise questions.
What about medical bills while the case is pending?
This is another part of the “how do I pay” question that often gets overlooked.
Many injured clients worry they can’t pursue a case because they can’t afford medical treatment. In New Hampshire, there are a few possible paths:
Health insurance may cover treatment while the case is pending.
Medical liens allow providers to agree to be paid from the settlement later.
Letters of protection may be used in limited circumstances.
A good injury lawyer doesn’t just handle the legal claim—they help you navigate these practical realities so your case doesn’t fall apart due to untreated injuries.
Transparency matters
The biggest problem isn’t usually the fee itself. It’s confusion.
You should feel comfortable asking:
What percentage will you take?
How are costs handled?
What happens if we lose?
When do I get paid?
Can I see a sample settlement breakdown?
If a lawyer can’t—or won’t—answer those questions clearly, that’s information in itself.
If you’ve been injured in New Hampshire, paying for a lawyer should not be the barrier that stops you from getting advice. Most reputable injury lawyers are structured specifically to remove that obstacle.
The key is understanding the agreement before you sign it. Once you do, there should be no surprises—just a clear plan, clear expectations, and a shared goal of moving your life forward.