How our contingency fee works for Las Vegas injury cases: fees, case costs and medical liens explained

Nevada has specific rules about contingency fees in personal injury cases, including how percentages are disclosed and how costs and medical liens are handled. Understanding this structure helps injured Nevadans know what to expect before signing a retainer with Litigators for Justice.

What does a contingency fee really mean in a Nevada injury case?

In a personal injury case in Nevada, a contingency fee means the attorney fee is tied to the outcome of the case instead of being billed by the hour. The fee is a percentage of the money recovered by settlement, arbitration award or judgment. If there is no recovery, then there is no attorney fee under the contingency agreement. Nevada Rules of Professional Conduct 7.2 requires that the basis or rate of the fee be communicated to the client in writing, including any percentage, how that percentage may change, and how long each percentage applies. This is why a Las Vegas personal injury firm like Litigators for Justice must spell out the percentages and conditions in a clear written retainer before work begins.

Under the firm’s current personal injury retainer, the standard contingency fee is usually one third (33.33 percent) of the gross recovery if the case resolves before a lawsuit is filed in court. If the case requires filing a complaint, proceeding to arbitration, or preparing for trial, the fee can increase to 40 percent of the gross recovery. These percentages are in effect for the life of the case unless the agreement is modified in writing. The agreement also explains how the fee is calculated in relation to case costs and medical liens, so that an injured person can see the order in which money is paid out when a check eventually comes in.

It is important to understand that a contingency arrangement does not mean the case is free or that the other side will pay everything. It simply changes when and how the attorney fee is owed. The contingency fee is earned only if there is a recovery, but other financial responsibilities can still exist. You may have to pay the opposing parties' attorney fees and costs in the event of a loss, and the client may be responsible for advanced litigation costs and court costs. Nevada law on costs and offers of judgment, such as NRS 18.010 and NRS 17.115, can affect who pays whose fees if a case goes to judgment, so these risks should be discussed before you sign.

• The fee is a percentage of the recovery, not an hourly bill.
• The percentage must be in a written agreement under Nevada ethics rules.
• Litigators for Justice typically uses 33.33 percent before filing and 40 percent after filing or arbitration.
• No attorney fee is owed if there is no recovery under the contingency agreement.
• Other parties’ attorney fees and costs may still be owed after a loss under Nevada law.

How our current contingency percentages work step by step

The current Litigators for Justice personal injury retainer is written to comply with Nevada’s professional conduct rules and to give clients a clear picture of how the percentages function over time. At the intake stage, before a lawsuit is filed, the agreement typically sets a 33.33 percent contingency fee on the gross amount recovered from the insurer or responsible party. This initial percentage applies as long as the case resolves through pre-suit negotiations, informal settlement talks or a pre-litigation mediation. If the insurer accepts a demand and pays without requiring litigation, that lower percentage remains in place.

If it becomes necessary to file a lawsuit, demand arbitration, or prepare for a binding or nonbinding arbitration under Nevada’s court-annexed programs, the fee percentage usually increases to 40 percent of the gross recovery. The agreement explains that this higher percentage reflects the additional work and risk involved once a case is formally litigated: drafting pleadings, handling written discovery, taking depositions, hiring experts, and preparing for trial. The change in percentage is not retroactive; it applies to the ultimate recovery, but the client is notified in advance that the percentage will change once that litigation trigger occurs.

Occasionally, a case might be accepted on a different percentage due to unique circumstances, but any variation is documented in writing. The retainer also explains that the contingency fee is calculated before or after costs depending on the option chosen in the agreement. Some clients select a fee calculated on the gross recovery and then have costs reimbursed from the client’s share. Others may authorize a calculation after certain costs. This choice is made at the beginning and should be explained in plain language so that the client knows exactly how the percentages will affect the net amount that could come to them if the case is successful. You may have to pay the opposing parties' attorney fees and costs in the event of a loss, and the client may be responsible for advanced litigation costs and court costs.

• 33.33 percent applies when the case resolves before filing a lawsuit.
• 40 percent applies if a lawsuit, arbitration or similar proceeding is initiated.
• Any variation from these percentages is documented in the written agreement.
• Clients choose how costs will be treated in relation to the percentage at the start.
• The change from 33.33 to 40 percent is triggered by filing or similar formal action.

Where case costs and litigation expenses fit into the recovery

Court costs and litigation expenses are separate from the contingency fee. Examples include filing fees in the Eighth Judicial District Court, service of process fees, deposition transcripts, expert witness fees, accident reconstruction charges and medical record copying costs. Under Nevada law, certain costs can sometimes be recovered from the opposing party if you obtain a favorable judgment and meet the requirements in statutes like NRS 18.005 and related provisions. That possibility, however, is not guaranteed, and costs often must be paid out of the settlement or judgment funds.

Litigators for Justice may advance reasonable court costs and litigation expenses on the client’s behalf so that the injured person does not have to pay large sums out of pocket while the case is pending. The written retainer explains that these advances are not loans and are limited to costs directly tied to pursuing the claim, such as filing fees and expert expenses. The client remains ultimately responsible for reimbursing these costs from any recovery. If there is no recovery, the agreement addresses how those advanced costs are handled. The client may be responsible for advanced litigation costs and court costs even if the case is not successful, so this should be discussed carefully during the initial meeting.

When money comes in from a settlement or judgment, the standard order of distribution is explained in the agreement and in a closing statement. First, any court orders requiring payment of specific costs or fees are satisfied. Next, the agreed attorney fee percentage is calculated according to the method in the retainer. After the attorney fee is set aside, advanced costs are reimbursed. Only then is the remainder applied to medical liens, health plan reimbursements and, finally, paid to the client. You may have to pay the opposing parties' attorney fees and costs in the event of a loss, and the client may be responsible for advanced litigation costs and court costs. Walking through this sequence on paper before you sign helps avoid surprises later.

• Court filing fees in Nevada trial courts and appellate courts.
• Service, deposition, transcript and records-request charges.
• Expert witness and accident reconstruction expenses.
• Travel and investigation costs directly tied to the case.
• Costs may be advanced but are ultimately the client’s responsibility.

How medical bills, health insurance and liens affect your Nevada injury settlement

Medical bills are often the largest piece of an injury claim, and Nevada law allows many providers and health plans to assert liens or reimbursement rights against a settlement or judgment. Hospitals, doctors, chiropractors and imaging centers may record statutory liens under NRS Chapter 108 or use contractual lien forms signed by the patient. Health insurers and government health programs may have subrogation or reimbursement claims that must be honored from the recovery. These rights do not disappear just because there is a settlement. They must be addressed before the client can receive their net funds.

Litigators for Justice discloses in the retainer that it does not pay ongoing medical bills, rent, car payments or living expenses. The firm’s role is to pursue compensation from the responsible parties and to help organize the financial fallout. After a settlement is reached, the firm may attempt to negotiate medical liens and reimbursement claims, but no specific reduction is promised. Providers and plans decide what they will accept, and some are limited by statute or contract in how much they can compromise. Nevada laws such as NRS 108.585 and related lien provisions can shape how and when certain medical liens are asserted and released.

When closing a case, the firm typically gathers final balances from providers and health plans, confirms which balances are subject to liens or reimbursement, and then works to resolve them in the order set out in the closing statement. The written retainer explains that lienholders are paid from the settlement funds before the client receives their final check. This can feel frustrating, but it is required in order to avoid collection actions or future lawsuits from unpaid healthcare entities. You may have to pay the opposing parties' attorney fees and costs in the event of a loss, and the client may be responsible for advanced litigation costs and court costs. Understanding how liens function, and that negotiations are an effort, not a guarantee, helps set realistic expectations from the start.

• Hospitals and doctors may record statutory or contractual medical liens.
• Health insurers and some government programs may claim reimbursement rights.
• Litigators for Justice does not pay medical bills or living expenses.
• The firm may attempt to negotiate liens, but lienholders decide whether to reduce.
• Liens are paid from settlement funds before the client’s net check is issued.

How Nevada deadlines and offers of judgment interact with fees and costs

Nevada’s statute of limitations sets hard time limits on filing injury lawsuits, which can indirectly affect fees and costs. Under NRS 11.190(4)(e), most personal injury claims based on negligence, such as car crashes or slip and fall incidents, must be filed within two years of the date of injury. Medical malpractice cases have their own time limits in NRS 41A.097, which impose a shorter outside deadline with a discovery component. If these deadlines are missed, a case may be dismissed regardless of its merits, which means there is no recovery, no contingency fee and no fund to cover costs. The client may still be responsible for certain advanced litigation costs and court costs if the case was filed and then thrown out as untimely.

Nevada’s offer of judgment framework, particularly NRS 17.115 and Nevada Rule of Civil Procedure 68, can also impact who pays whose fees and costs. If a defendant makes a formal offer and the plaintiff fails to obtain a more favorable judgment, the court has the discretion to award the defendant certain post-offer costs and, in some situations, a portion of attorney fees. This creates a risk that an injured person could owe money to the other side after trial, even though they pursued the case in good faith. Any such award would be in addition to reimbursing any costs advanced by their own lawyer. You may have to pay the opposing parties' attorney fees and costs in the event of a loss, and the client may be responsible for advanced litigation costs and court costs.

These rules are not designed to scare people away from filing valid claims, but they do underline why candid conversations about risk are part of an ethical contingency agreement. Litigators for Justice reviews key Nevada statutes and procedural rules during case evaluation so that an injured person knows about deadlines, offer-of-judgment exposure, and how those rules interact with the fee structure. This is general information, not tailored advice, and does not replace a private consultation. A clear understanding of the legal landscape helps clients make informed decisions before they authorize a lawsuit or respond to a settlement offer.

• Most Nevada negligence-based injury suits must be filed within two years under NRS 11.190(4)(e).
• Medical malpractice cases follow different time limits in NRS 41A.097.
• Missing a statute of limitations can leave you with no recovery and no fund to cover costs.
• Offers of judgment under NRS 17.115 and NRCP 68 can shift fees and costs after trial.
• Discussing these rules before filing helps evaluate litigation risk realistically.

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Frequently asked questions

What does it mean when a Las Vegas injury lawyer says no fee unless we win?

In a Nevada personal injury case, no fee unless we win usually means the attorney fee is contingent on recovering money by settlement, arbitration award or judgment. If there is no recovery, there is no attorney fee under that agreement, although you may still be responsible for advanced litigation costs and court costs. You may have to pay the opposing parties' attorney fees and costs in the event of a loss, depending on how the court applies Nevada’s cost and fee statutes.

How does your 33.33 percent and 40 percent contingency fee work in practice?

Litigators for Justice generally charges a 33.33 percent contingency fee on the gross recovery if the case resolves before a lawsuit or arbitration is filed. If the case requires filing a complaint, demanding arbitration, or preparing for trial, the contingency fee typically increases to 40 percent of the gross recovery. The change and its timing are clearly set out in the written retainer, and the client chooses how costs interact with these percentages at the beginning of the case.

Do I have to pay court costs and expert fees if my Nevada injury case loses?

Court costs and litigation expenses are separate from the contingency fee. Litigators for Justice may advance filing fees, deposition costs and expert charges, but the written agreement explains that the client may be responsible for repaying these costs, even if there is no recovery. In addition, Nevada’s offer of judgment rules can allow a court to order a losing party to pay some of the other side’s post-offer costs and possibly attorney fees, so you may have to pay the opposing parties' attorney fees and costs in the event of a loss.

Will your law firm pay my medical bills or living expenses while my case is pending?

No. Litigators for Justice does not pay medical bills, rent, car payments or other living expenses for clients. The firm may advance court costs and litigation expenses that are directly tied to pursuing the claim, such as filing fees and expert witness bills, and the client may be responsible for those advanced litigation costs and court costs if the case is not successful. Medical providers are usually paid from settlement or judgment funds, subject to any liens or reimbursement rights.

How do medical liens and health insurance reimbursements come out of my settlement?

Hospitals, doctors and health plans often claim a right to be paid back from your injury recovery, either through statutory liens or contract terms. After a settlement is reached, Litigators for Justice typically confirms all lien and reimbursement balances, then pays them from the settlement funds after attorney fees and advanced costs are handled. The firm may attempt to negotiate these liens to seek a lower payoff, but no reduction is guaranteed and the lienholder decides what to accept.

How long do I have to file a Nevada injury lawsuit before I lose my rights?

Most negligence-based personal injury claims in Nevada, such as car crashes or slip and fall incidents, must be filed within two years of the date of injury under NRS 11.190(4)(e). Medical malpractice claims follow different timing rules in NRS 41A.097, which can shorten or extend the period based on when the injury was or should have been discovered. Missing the statute of limitations can bar your claim regardless of its strength, so you should talk with a lawyer as soon as possible to understand which deadlines apply to your situation.