What Are the Typical Attorney Fees in Mass Tort Claims? | FAQ

Many personal injury attorneys charge what is known as a contingency fee when representing a client in a mass tort action. Rates vary from lawyer to lawyer.

What Is a Contingency Fee and When Does It Apply?


A contingency fee is paid only if the client recovers compensation. This means you – and any other plaintiffs involved in a mass tort – do not pay attorney fees unless your case is settled or won at trial.

The final legal fees typically are calculated as an agreed-upon percentage of your final award. A contingency fee allows you to pursue fair compensation without having to pay upfront legal fees or assume other financial risks.

What Is Covered by an Attorney’s Fees in a Mass Tort Action?

A personal injury lawyer and law firm must perform a number of time-consuming and complicated tasks during the course of a mass tort claim.

These services typically are covered by an attorney’s fee:

  • Be sure to understand the attorney's feeInvestigation (this may include accessing drug company records and patient histories)
  • Collection of evidence (such as medical documents, study results and more)
  • Filing all relevant paperwork (such as motions, complaints and more)
  • Locating and deposing expert witnesses (such as economists, physicians, medical researchers, and drug company representatives)
  • Negotiations with defendants
  • Analysis of settlement offers (to ensure a plaintiff does not sign away his or her rights to fair and sufficient compensation)
  • Litigation (in the event a case proceeds to trial, a lawyer must handle everything from jury selection to final remarks)

When you hire an attorney to facilitate your mass tort claim you gain access to years of professional experience and legal knowledge. This includes guidance on how to protect the integrity of a claim.

Questions to Ask a Law Firm Before Hiring

Most personal injury lawyers offer free case consultations prior to taking on a case. This provides you an opportunity to learn more about a particular law firm’s fee structure and schedule.

Before you hire a lawyer ask these questions:

  • What is your fee structure?
  • When do you expect payment for your services?
  • What exact percentage of my settlement will you be paid?
  • Are there any shared plaintiff expenses in this mass tort action?
  • Are there any other fees in addition to the contingency fee (such as the cost of making copies/filing paperwork, travel expenses and so on)?
  • If so, when is payment expected for those additional services?

Do not hire an attorney who is not forthcoming about his or her fees. Ensure you receive all payment information in writing before signing an agreement.

Our law firm accepts clients on a contingency basis. We also offer a 30-day service guarantee. This means you may take your file elsewhere and owe us nothing if you are not completely satisfied in how we handle your case during the first 30 days. Call (317) 472-3333  or contact us online to schedule a free case evaluation.