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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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No Win No Fee in the United States

United States (federal and general)Last reviewed 2 August 2026

In the United States, "no win no fee" is known as a contingency fee arrangement. Your attorney receives a percentage of your recovery — typically 33% to 40% — only if your case succeeds. If you lose, you owe no attorney fees. Contingency fees are governed mainly by state rules and are commonly used in personal injury, medical malpractice, employment, and class action cases. The permitted terms and exceptions vary.

Researching the UK instead? Compare with UK Conditional Fee Agreements or read our guide to UK no win no fee law. See exactly who writes, sources and checks our US material in the editorial disclosure.

Understanding Contingency Fees

Direct Answer: Contingency fees are the US equivalent of no win no fee. The attorney is paid only if the case succeeds, taking a pre-agreed percentage (typically 33⅓%–40%) of the recovery. Contingency representation is standard in personal injury, medical malpractice, employment law, mass tort, and class action cases nationwide.

What Is a Contingency Fee?

Complete explainer of contingency fee arrangements

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How Contingency Fees Work

Step-by-step from intake to settlement

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Contingency Fee Agreements

What your retainer should contain

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Are Contingency Fees Regulated?

State bar rules and Model Rules

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Costs vs Fees

The critical distinction most people miss

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What If I Lose?

Case costs, taxable costs and Rule 68 risk

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Statute of Limitations

Filing deadlines by state, and the shorter one for government claims

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Liens and Deductions

Why a settlement pays less than the headline

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Choosing an Attorney

How to verify and compare

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Negotiating the Fee

Which terms are actually negotiable

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State Rules Hub

Start with the rules that apply in your state

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Contingency Fee vs CFA

How the US and UK systems compare

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US vs UK Legal Costs

Compare net recovery, expenses and cost risk

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Alternative Fee Arrangements

Hybrid, flat fee, and hourly comparisons

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Legal Glossary

50+ legal terms explained in plain English

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Practice Areas

Personal Injury

Auto accidents, slip and fall, premises liability

Medical Malpractice

Surgical errors, misdiagnosis, birth injuries

Workers' Compensation

Workplace injuries and occupational illness

Employment Law

Wrongful termination, discrimination, harassment

Class Action

Consumer, securities, and antitrust class actions

Mass Tort

MDL, pharmaceutical, and environmental litigation

Product Liability

Defective products, strict liability claims

Civil Rights

Section 1983, police misconduct, § 1988 fee-shifting

Social Security Disability

SSDI and SSI claims and appeals

Wrongful Death

Fatal accident and survivor claims

Car Accident

Motor vehicle collision claims

Truck Accident

Commercial vehicle and 18-wheeler accidents

Motorcycle Accident

Motorcycle collision claims

Uber & Lyft Accident

Rideshare accident claims

Dog Bite

Dog bite liability and strict liability claims

Construction Accident

Workplace injuries on construction sites

Nursing Home Abuse

Elder abuse and neglect in care facilities

Sexual Abuse

Civil lawsuits for sexual abuse survivors

Mesothelioma & Asbestos

Asbestos exposure and mesothelioma claims

Data Breach

Data breach class actions and privacy claims

Consumer Protection

FDCPA, TCPA, FCRA fee-shifting claims

Insurance Bad Faith

Denial of valid insurance claims

Lemon Law

Defective vehicle consumer protections

Veterans Claims

VA disability claims and appeals

State-by-State Guides

California

MICRA caps, pure comparative fault, 2-year SOL

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Texas

51% bar, HB 4 med-mal caps, 2-year SOL

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Florida

HB 837 tort reform, Bar fee schedule, 2-year SOL

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New York

Judiciary Law § 474-a sliding scale, 3-year SOL

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Browse all US claim guides

Frequently Asked Questions

What is a contingency fee?

A contingency fee is a payment arrangement where an attorney's fee is contingent upon — meaning dependent on — a successful outcome in the case. The attorney receives a pre-agreed percentage of the settlement or court award. If the case is unsuccessful, the client pays no attorney fee.

How much do contingency fee lawyers charge?

Most contingency fee lawyers charge between 33% and 40% of the total recovery. The exact percentage may vary depending on the complexity of the case, the stage at which it resolves (pre-trial vs post-trial), and the state in which the attorney practises.

What types of cases use contingency fees in the US?

Personal injury cases are the most common, but contingency fees are also widely used in medical malpractice, employment discrimination, class actions, mass torts, product liability, civil rights, and consumer protection cases.

Do I pay anything if I lose my case?

Under most contingency fee agreements, you do not pay attorney fees if you lose. However, you may still be responsible for case costs — such as court filing fees, deposition costs, and expert witness fees — depending on your agreement.

Are contingency fees allowed throughout the United States?

Contingency fees are widely permitted, but each jurisdiction sets its own rules and important claim types are excluded or specially regulated. Check the controlling state rule and any practice-area statute rather than relying on a nationwide generalisation.

Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

  4. Federal Rule of Civil Procedure 68 (offer of judgment)

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.