If you’ve been injured because of someone else’s negligence, one of your first questions may be: “How much will it cost to hire a personal injury lawyer?”
The good news is that most personal injury lawyers in Ontario work on a contingency fee basis. This means you don’t pay anything upfront – your lawyer only gets paid if you win. Let’s break down what that means for you.
No Upfront Fees
Unlike many other areas of law, personal injury clients don’t usually pay hourly rates or large retainers. Instead, payment depends on the outcome of your case. If you win, your lawyer gets paid. If you lose, you typically don’t owe legal fees.
This system makes the legal process more accessible for people who may already be under financial strain after an injury.
How Contingency Fees Work
A contingency fee is a percentage of the settlement or court award your lawyer receives if your case is successful. In Ontario, this fee usually falls between 25% and 35% of the total award, depending on the complexity of the case and the risks involved.
The exact percentage will always be outlined in a written agreement (called a retainer) that you review and sign before your case begins.
Disbursements and Taxes
In addition to legal fees, there are extra costs required to build your case, known as disbursements. These can include:
- Medical reports
- Expert witness fees
- Court filing costs
Most personal injury law firms cover these expenses for you during the case and recover them later if you are successful. Disbursements are often collected from the other party, but in some cases, they may come out of your settlement.
It’s also important to note that HST (13%) applies to your lawyer’s fee, just like any other professional service in Ontario.
What If You Don’t Win?
Most personal injury lawyers follow a “no win, no fee” model. This means you won’t owe your lawyer for their time if your case is unsuccessful. However, depending on the firm, you may still be responsible for some disbursements. Always confirm this before signing an agreement.
Questions to Ask Before Hiring a Lawyer
Before you hire a personal injury lawyer, it’s a good idea to ask:
- Do you work on a contingency fee basis?
- What percentage will you charge if my case is successful?
- Will I owe anything if I lose?
- How do you handle disbursements?
Final Thoughts
At Bergeron Clifford LLP, all of our lawyers work on a contingency fee basis. We believe that hiring a personal injury lawyer should never be a financial burden. With this arrangement, you only pay if you win.
It costs nothing upfront to work with us, and our payment comes from the compensation we recover on your behalf.
Contact us today for a free consultation and learn how we can help you move forward.
Burke Derbyshire is a graduate of LaSalle Secondary School in Kingston. Upon graduation, he attended Queens University on an athletic scholarship where he played for the men’s football team. He then completed his law degree at the University of Leicester, United Kingdom, and was a moot court finalist as well as an active member of the Canadian Law Society.
Burke worked at Bergeron Clifford in the summer of 2023 as a summer student, and is now working as an articling student while also completing his NCA exams.
