Child injury attorneys work on a contingency fee basis.If your child was injured in a car, slip and fall, or other accident caused by another’s negligence, they are entitled to compensation for their injuries under California law. They are relying on you as their parent to pursue their claim for them. 

You need to retain an experienced child injury accident lawyer who will fight for the damages they deserve and who understands California’s special rules for settling minor children’s claims. Fortunately, you can put aside any worries you have about affording an attorney because most lawyers—including my law firm—charge their fees in these cases on a contingency fee basis. 

How a Contingency Fee Agreement Works

A contingency fee arrangement offers several important benefits when your child has been injured:

  • No upfront fees. You do not pay your lawyer any attorney fees at the beginning of your case.
  • No cost unless you win. You will not owe any attorney fees unless your attorney wins your case through a negotiated settlement or at trial. Your lawyer would charge you a percentage of your settlement or jury award as their fees for representing you.
  • No fees if you lose. If you lose your case, you would not owe any attorney fees—even if your case was decided at a jury trial.
  • No direct payment from you. You will not have to write a check for the attorney fees you owe once your case is resolved. They would be deducted from your proceeds before you are paid what you are owed.

Once you decide to retain a lawyer, you should enter into a written retainer agreement that states how they will charge you for their fees and how they expect to be paid.

Other Costs You Could Owe

There are other costs associated with filing your claim and a lawsuit that you could owe whether or not you win your case. They include medical record fees, court filing and service fees, and expert witness costs. 

Your attorney should explain how they will charge you for these costs and include a provision regarding them in your retainer agreement. There are two ways that they could charge these additional costs:

  • They may have you pay these fees as they are incurred and could require you to pay a small deposit on anticipated costs when you hire them.
  • They could front these additional costs and deduct them from your settlement along with their attorney fees when your case is settled. 

Request a Consultation Today

Was your child injured in an accident caused by the negligence of an individual or business in Southern California? Call my office to schedule a free initial consultation to learn about your child’s options and how I can help you obtain the compensation they deserve for their injuries.


Mark Blane
Connect with me
San Diego Personal Injury Lawyer | California Car Accident Attorney