Most Missouri personal injury attorneys charge a contingency fee of 33⅓% of the recovery, rising to 40% if a lawsuit is filed or the case goes to trial. You pay nothing upfront and nothing at all if the case does not recover money. Missouri sets no statutory cap on the percentage, but Rule of Professional Conduct 4-1.5 requires every fee to be reasonable and every contingency agreement to be in writing and signed. Case expenses are separate from the fee. Sansone & Lauber offers free consultations and charges no fee unless we win — call 314-863-0500.
What Is a Contingency Fee?
A contingency fee means the lawyer is paid a percentage of what they recover for you, and only if they recover something. No hourly billing, no retainer, no invoice while the case is pending.
The arrangement exists because injury victims are usually least able to pay a lawyer at exactly the moment they most need one. It also aligns incentives: the firm earns more only when you do.
What Are the Standard Contingency Fee Percentages in Missouri?
Missouri does not set these by statute. These are market norms:
- 33⅓% (one-third) — the most common rate for car accidents, slip and falls, and general injury claims resolved before a lawsuit is filed
- 40% — typical once a lawsuit is filed, the case enters discovery, or it proceeds to trial
- Up to 40–45% — sometimes charged in medical malpractice and product liability cases, which require heavy expert investment and carry higher risk
- 25% — the customary rate in Missouri workers’ compensation cases, where the fee must also be approved by an administrative law judge
- Higher on appeal — some agreements add a tier if the case is appealed after trial
A tiered structure is normal and appropriate. A case that settles in four months from a demand letter involves a fraction of the work of one tried to a jury over two years.
What Does Missouri Law Require in a Fee Agreement?
Missouri Rule of Professional Conduct 4-1.5(c) requires that every contingency fee agreement:
- Be in writing and signed by the client.
- State the method by which the fee is determined, including the specific percentage or percentages.
- Identify what expenses will be deducted from the recovery.
- State whether expenses are deducted before or after the fee is calculated — this materially changes what you take home.
- State whether the client owes expenses if the case is unsuccessful.
- Be reasonable under Rule 4-1.5, judged against the difficulty of the case, the skill required, the risk, and the result obtained.
- Be followed by a written closing statement at the conclusion showing the outcome and how the money was distributed.
Missouri also prohibits contingency fees entirely in most domestic relations matters and in criminal defense.
What Is the Difference Between Fees and Case Costs?
This is where most people get surprised, and it is the question worth asking before you sign anything.
The fee is what the lawyer earns for their work. Case costs are out-of-pocket expenses required to build the case. They are separate.
- Court filing fees and service of process
- Medical records and billing retrieval
- Deposition transcripts and court reporters
- Expert witness fees — often the largest single cost
- Accident reconstruction and engineering analysis
- Investigator time and scene photography
- Trial exhibits, demonstratives, and video
- Mediation fees
Most Missouri injury firms, including ours, advance these costs and are reimbursed from the recovery. If there is no recovery, the client generally owes nothing.
What Will I Actually Take Home?
Here is the arithmetic most firms leave off their websites. Assume a $90,000 settlement reached before filing suit, a 33⅓% fee, $4,000 in case costs, and a $12,000 health insurance lien.
If costs are deducted after the fee is calculated: the fee is $30,000 (one-third of $90,000). Subtract $30,000 fee, $4,000 costs, and $12,000 lien. Net to client: $44,000.
If costs are deducted before the fee is calculated: the fee is one-third of $86,000, or roughly $28,667. Net to client: about $45,333.
That difference — over $1,300 on a mid-size case, and far more on a large one — is why Rule 4-1.5 requires the agreement to specify which method applies. Ask, and read that paragraph.
What Are Liens and Why Do They Reduce My Settlement?
A lien is a third party’s right to be repaid from your recovery. Common Missouri liens include:
- Health insurance subrogation — your insurer seeking repayment for medical bills it covered
- Medicare and Medicaid — federal and state repayment rights that must be resolved before disbursement
- Hospital and provider liens — Missouri’s hospital lien statute lets providers assert a claim directly against your settlement
- Workers’ compensation — a comp carrier’s right to reimbursement when a third party caused the injury
- Letters of protection — agreements to pay a treating provider from the recovery
Experienced firms negotiate liens down, sometimes substantially. That reduction goes entirely to the client and is one of the more meaningful things a Missouri personal injury lawyer does that never appears on a fee schedule.
Questions to Ask Before You Sign a Fee Agreement
- What is the percentage before suit is filed, and what is it after?
- Are case costs deducted before or after the fee is calculated?
- If we lose, do I owe anything — fees or costs?
- Who advances the case costs while the case is pending?
- Roughly what costs do you expect in a case like mine?
- Will you negotiate my medical liens, and is there a separate charge for that?
- Which attorney will actually handle my case day to day?
- Will you give me a written closing statement showing the full distribution?
- Does the percentage change if the case is appealed?
- Can I have a copy of the signed agreement today?
A firm that answers all ten plainly is one worth hiring. Hesitation on any of them is information.
Is a Cheaper Percentage a Better Deal?
Not usually. A firm charging 25% that settles quickly for policy limits it never tested may net you far less than a firm charging one-third that develops the case, finds a second insurance policy, and negotiates the liens down.
The percentage is one variable. The size of the recovery and the final lien numbers are the others, and they are usually larger.
What matters more than the rate: whether the firm actually tries cases. Insurers track that, and it affects every offer they make.
Frequently Asked Questions
How much do personal injury lawyers charge in Missouri?
Most charge a contingency fee of 33⅓% of the recovery before a lawsuit is filed, increasing to 40% if suit is filed or the case goes to trial. Missouri sets no statutory cap, but Rule 4-1.5 requires the fee to be reasonable.
Do I pay anything upfront to hire a personal injury lawyer in Missouri?
No. Consultations are free and contingency firms advance case costs. You pay no attorney fee unless the firm recovers money for you.
What happens if I lose my case?
You owe no attorney fee. Whether you owe advanced case costs depends on the written agreement — at most Missouri injury firms, including Sansone & Lauber, the client owes nothing.
Does Missouri cap personal injury attorney fees?
No statute caps the percentage in ordinary personal injury cases. Rule of Professional Conduct 4-1.5 requires the fee to be reasonable, and courts can review it. Workers’ compensation fees must be approved by an administrative law judge.
Are case costs included in the contingency fee?
No. Fees and costs are separate. The written agreement must state which expenses are deducted and whether they come out before or after the fee is calculated.
Why do fees increase if a lawsuit is filed?
Filing suit multiplies the work and the firm’s financial exposure — depositions, discovery, expert witnesses, and trial preparation. Tiered fees reflect that difference.
Can I negotiate a contingency fee percentage?
Fee agreements are contracts and terms can be discussed. Whether a firm will adjust depends on the case. Ask before signing, not after.
Is the contingency fee calculated before or after medical bills are paid?
The fee is calculated on the gross recovery under standard agreements, with liens and costs paid from the client’s share. Because the sequence significantly affects your net, Missouri requires the agreement to spell it out.
Do I get an itemized accounting at the end?
Yes. Missouri requires a written statement at the conclusion of a contingency case showing the outcome and how the recovery was distributed.
What does Sansone & Lauber charge?
The consultation is free and we work on contingency — no fee unless we win. Exact terms are set out in a written agreement you review and sign before any work begins. Call 314-863-0500 to discuss your case.
Talk to a Missouri Personal Injury Lawyer — Free, No Obligation
You should never have to pay upfront to find out whether you have a case.
Sansone & Lauber has handled personal injury and wrongful death cases exclusively since 2003, throughout St. Louis and across Missouri. We will explain our fee structure in plain language, put it in writing, and answer every question above before you decide anything.
Call Sansone & Lauber at 314-863-0500 for a free consultation.
Available 24/7. No fee unless we win.
Sansone & Lauber
7777 Bonhomme Ave, Suite 2100
St. Louis, MO 63105
314-863-0500
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