You just got hurt.

Maybe it was a wreck on I-20 outside of Odessa. Maybe a drunk driver crossed into your lane on Loop 289. Whatever happened — you’ve got bills piling up, you’re missing work, and now someone’s telling you that you need a lawyer on top of all of it.

And you’re sitting there thinking: how am I supposed to afford that?

Here’s what I want you to know right now: you don’t owe us a single dollar to hire us.

At Keith & Lorfing, we work on contingency. That means no retainer. No hourly rate. No invoice in the mail while you’re still in physical therapy. We only get paid when you do — and if we don’t win, you pay nothing.

This guide walks you through exactly how that works. The fees, the costs, what comes out of your settlement at the end — and the things the insurance company is hoping you never figure out.

Because out here in West Texas, I fight every day to make sure hardworking families don’t get taken advantage of. And that starts with making sure you actually understand the game.

lawyer helping man with neck injury

Contact our San Angelo personal injury attorney today for a free consultation—no upfront costs, no risk, and we only get paid if you win.

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Understanding Personal Injury Lawyer Fees

What is a Contingency Fee?

Let’s cut straight to it.

A contingency fee means we don’t get paid unless you get paid. There’s no retainer to come up with. No $400-an-hour bill landing in your mailbox every month. We take a percentage of whatever we recover for you — and if we lose, you owe us nothing in attorney’s fees.

That’s it. That’s the whole thing.

Why does this matter? Because most people who get hurt in West Texas aren’t sitting on a pile of cash. They’re working people. They’ve got rent due and kids to feed. A contingency fee means the same legal muscle that a millionaire gets is available to you — because our fee doesn’t come out of your pocket. It comes out of the recovery.

What it costs to hire us
You don't owe us a single dollar to hire us.

No retainer. No hourly rate. No invoice while you're still in physical therapy. We only get paid when you do.

Keith & Lorfing
West Texas Tough™

Here’s what you actually get out of this arrangement:

No upfront cost — not a single dollar leaves your wallet to get us started

No risk — if we don’t win, you owe us nothing in attorney’s fees

We’re on the same team — the more we recover for you, the more we earn

Hypothetical scenario

Say you’re a roughneck from Midland who got rear-ended by a company truck on SH-191. Three herniated discs. Out of work for four months. Savings gone by week two. You’ve got nothing to put toward a retainer.

Under a contingency fee, that doesn’t matter. You get the same representation as anyone else, because your case funds the fee, not your bank account. That’s what leveling the playing field actually looks like.

What Percentage Do Personal Injury Lawyers Take From a Settlement?

Our percentage depends on how far your case has to go and that’s actually a pretty reasonable system when you think about it.

A case that settles in two months takes a fraction of the work compared to one that goes all the way to trial. The fee reflects that. Simple as that.

The fee follows the fight
What a lawyer's percentage means on $100,000
When your case resolves Fee You take home
1
Settles before a lawsuit
weeks to a few months
~33%
$67,000
2
Settles after filing suit
discovery, before trial
~36%
$64,000
3
Goes to trial
jury verdict
up to 40%
$60,000
Read it straight
Trial cases almost always fight for a bigger number — 40% of more beats 33% of less. A long case doesn't benefit us. A won case does.
Keith & Lorfing · West Texas Tough™
Illustrative on a $100,000 recovery, before case expenses. Not legal advice.

Let’s run the actual numbers

Your case settles for $100,000 before we ever file a lawsuit. At 33%, we earn $33,000 and you take home $67,000 — before case expenses are deducted.

Same case goes to trial and settles at 40%. You’d take home $60,000 from a $100,000 recovery. That sounds like less — and technically it is. But trial cases almost always involve a bigger fight for a bigger number, and you’re still walking away with far more than you’d get settling alone.

Here’s what I’ll always tell you straight: we’d rather settle your case fast and at full value than run up the clock. A long case doesn’t benefit us. A won case does. We’ll always be honest with you about whether pushing further is actually worth it for your situation.

We only get paid if you win – contact our West Texas personal injury lawyer today for a free consultation.

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How Are Legal Expenses Covered?

Here’s something that trips a lot of people up: your attorney fee and your case expenses are two different things. And if you don’t understand the difference before you sign, it can catch you off guard.

Your contingency fee covers us — our time, our strategy, court appearances, negotiations. Case expenses are the actual out-of-pocket costs of building your case. Things like:

Expense type

Typical cost range

Court filing fees

$100–$500

Depositions & transcripts

$500+ per session

Medical records & police reports

$50–$300

Expert witnesses

$500–$10,000+

Private investigators

Varies

These expenses come up no matter who you hire. What varies is who pays them and when.

At Keith & Lorfing, we front these costs. You won’t be writing checks in the middle of your case. If we win, expenses come out of the settlement. If we don’t win, they’re on us.

Not every firm operates that way. Before you sign with anyone, ask them directly: “If we lose, do I owe anything for case expenses?” Get that answer in writing.

A word on West Texas cases specifically

Trucking accident cases — and we see a lot of them, especially on I-20 and I-10 out toward Fort Stockton  often need an accident reconstruction specialist or a commercial vehicle compliance expert. Those experts aren’t cheap. But the right expert can be the difference between a $75,000 offer and a $750,000 one. We don’t cut corners on that.

Additional reading: No win, no fee explained. Is it right for you?

What Are the Hidden Costs in a Personal Injury Case?

Even in a clean contingency case, there are deductions that affect what you actually walk away with. Here’s what you need to know before you settle anything.

Medical liens

If your health insurance, Medicaid, or a hospital covered your treatment while your case was open, they have a legal right to get paid back from your settlement. This is called a lien — and it can be significant. We work to negotiate these down whenever we can. In Texas, there are specific rules about how much certain providers can collect, and knowing those rules matters. A lot.

How your fee gets calculated — and why it matters

Two methods. Different final checks for you.

  • Gross method: attorney takes their percentage first, then expenses come off your share
  • Net method: expenses come off first, then the attorney takes their cut from what’s left

On a $100,000 settlement with $10,000 in expenses at 33%, the net method puts roughly $3,300 more in your pocket. Ask your attorney which method they use. Before you sign, not after.

Same settlement, two math orders
Gross vs. net: ask which one they use
Method A
Gross

Fee comes off the whole settlement first — expenses come out of your share.

Settlement $100,000
Attorney fee 33% of $100,000 − $33,000
Case expenses off your share − $10,000
You take home $57,000
Method B
Net

Expenses come off first — the fee is figured on what's actually left.

Settlement $100,000
Case expenses off the top − $10,000
Attorney fee 33% of $90,000 − $29,700
You take home $60,300
+$3,300
Same case. Same percentage. Ask your attorney which method they use — before you sign, not after.
Keith & Lorfing · West Texas Tough™
Illustrative: $100,000 settlement, $10,000 expenses, 33% fee. Not legal advice.

⚠️ The call you’re about to get — and what you need to know

Nobody tells you this part. So I’m going to.

Before you take that call
Adjusters train for weeks on how to talk to you. That call is the training.

They're hoping you give a recorded statement before you know how hurt you are. You're allowed to wait. You're allowed to say you'll be in touch through your attorney.

Keith & Lorfing
West Texas Tough™

Don’t do either of those things.

You’re allowed to tell them you’ll be in touch through your attorney. You’re allowed to wait. You’re allowed to get checked out by a doctor, understand what your injuries actually are, and know what your case is worth before you agree to anything.

Here’s the reality: insurance companies are businesses. They make money by settling your claim for less than it’s worth. That’s not a knock on them, that’s the model. Out here in West Texas, I fight every day to make sure hard-working families don’t get taken advantage of. Before you say a word to that adjuster, talk to us first.

That call is always free.

Additional reading: Chances of winning a personal injury lawsuit

Is Hiring a Personal Injury Lawyer Worth It?

Yes.

And it’s not even close.

The Insurance Research Council studied this specifically. People who hired a personal injury attorney recovered roughly 3.5 times more than those who handled claims on their own. That’s not a small gap. That’s the difference between a settlement that barely covers your hospital bills and one that actually accounts for what you’ve been through.

Here’s what you’re actually up against

The moment your accident happened, the other side started building their case. Their adjuster is trained. Professionally trained. They know exactly what to say, how to say it, and what they’re trying to get you to do. By the time most people realize what their case is actually worth, they’ve already settled — or said something on that first recorded call that they can never take back.

We come in and we change that dynamic entirely.

What happens the moment you hire us

From day one, here’s what changes:

We gather evidence fast — reports, photos, witnesses, video footage, and your medical records

The insurance company stops calling you — all communication goes through us

We put a real number on everything — medical bills, lost wages, future treatment, pain and suffering

We push for the right outcome — settlement when the offer is fair, trial when it isn’t

We’ve been to trial over 500 times. Insurance companies out here in West Texas know that number. That credibility — knowing we will actually walk into a courtroom — moves settlements in your favor before we ever file a lawsuit.

No risk. No upfront cost. Call us: 325-480-8100

Call now to speak with our Lubbock personal injury attorney and find out how much your case is worth.

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How to Negotiate Attorney Fees and Save Money

Most people just accept whatever percentage they’re told. You don’t have to. Fees can be negotiated and if your case has strong facts and looks like it settles early, it’s worth asking.

1. Ask About Tiered Fee Structures

A case that settles in six weeks is not the same amount of work as one that goes to trial. Some firms adjust their percentage to reflect that and you should ask directly.

When your case resolves

Typical fee range

Before lawsuit is filed

25%–33%

After filing, before trial

33%–36%

At trial

Up to 40%


If you’ve got clear liability, solid medical documentation, and a cooperative insurance situation — that’s a conversation worth having before you sign.
We’ll have it with you honestly. If a lower percentage makes sense for your case, we’ll tell you.

2. Ask How Expenses Work Before You Sign Anything

There are two ways firms handle case expenses, and they are not the same thing:

  • Firm fronts everything, deducts from settlement if you win — you pay nothing during the case
  • You pay as you go — regardless of how the case ends

At Keith & Lorfing, we front case costs. You don’t write a check while your case is active. If we win, expenses come out of the settlement. If we don’t, they’re on us.

Before signing with anyone, ask this one question: “If we lose, do I owe anything for case expenses?” Get that answer in writing.

3. Compare attorneys — But Compare The Right Things

Fee percentage is the easiest thing to look at. It’s not the most important thing.

When you’re evaluating attorneys, these are the questions that actually matter:

  • What’s your contingency percentage — and do you offer tiers?
  • How do you handle case expenses if we lose?
  • How many cases like mine have you handled in West Texas specifically?
  • How many of those went to trial?

That last one is the question most people forget to ask. An attorney who settles everything carries zero leverage in negotiations. Insurance companies know who’s going to fold and they adjust their offers accordingly.

We’ve been to trial over 500 times. That number follows us into every single negotiation we have. Insurance companies in West Texas know we mean it when we say we’ll fight.

We encourage you to compare lawyers before making a decision. Finding the right attorney with fair fees and a proven track record can make a huge difference in the legal process and the final amount you receive from your settlement.

Additional reading: How to find a personal injury lawyer

Contact us now to speak with our Abilene personal injury lawyer and find out how much your case is worth.

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Contact Our Personal Injury Lawyers for a Free Consultation

If you’ve been hurt — don’t wait.

The insurance company isn’t waiting. They’re already building their case from the moment the accident happened. Every day you go without an attorney is a day they have the advantage.

We handle the insurance company, the paperwork, and the legal strategy. You focus on getting better.

There’s no cost to call us. No obligation after we talk. And we don’t get paid unless we win your case.

We don’t get paid unless you win—contact us now!

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We Serve Texas Clients in Multiple Locations:

FAQs

What percentage does a lawyer get in a settlement case?

In Texas, we work on contingency — meaning a percentage of what we win, nothing if we lose. Here’s how it typically breaks down:

Stage of case

Typical fee

Settles before lawsuit is filed

~33%

Settles after filing, before trial

~36%

Goes to trial

~40%


Hypothetical Example:
$100,000 settlement at 33%, with $5,000 in case expenses — you’d take home roughly $62,000. The exact number depends on your specific agreement and how expenses are handled. Always get that breakdown in writing before you sign.

Yes — almost always.

The Insurance Research Council found that injury victims who hired an attorney recovered roughly 3.5 times more than those who handled claims alone. But beyond the numbers: the insurance company has a trained adjuster working against you from the moment the accident happened. Their first call to you is the start of a process designed to get you to settle fast and cheap.

You deserve someone trained to fight back. Call us before you say a word to that adjuster.

You owe us nothing in attorney’s fees.

At Keith & Lorfing, we also front case expenses and absorb those costs if we don’t recover for you. We take on the financial risk so you don’t have to. This is also why we’re careful about the cases we take — we don’t accept cases we don’t believe in, because our income depends on winning yours.

No. Percentages, expense policies, and tiered structures all vary between firms. But the fee percentage is honestly the least important number to compare.

What actually matters is what’s behind the number. An attorney with 500 jury trials in West Texas courts carries leverage that a general practitioner never will. Insurance companies know exactly who will take a case to trial and who won’t — and that knowledge shapes every offer they make.

Depends on the recovery. On a $50,000 settlement at 33%, an attorney earns about $16,500. On a $500,000 recovery at 36%, they earn around $180,000.

Here’s the honest answer nobody gives you: we make more money when you make more money. That’s the whole design of the contingency system. And it means we have every reason in the world to fight for the biggest possible recovery on your behalf — every single time.

Preston Martin

March 2023

Mary Books

February 2020

Corwin Kershaw

October 2022

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