The short version
- A maritime lawyer contingency fee means you pay nothing up front, and the lawyer is paid only if they recover money for you.
- Standard maritime contingency fees run between 33 and 40 percent of the recovery, often rising if the case is filed in court or goes to trial.
- The lawyer usually advances the case costs, such as experts and court fees, then is reimbursed from the recovery.
- Fees and costs are two different things. Whether costs come out before or after the fee changes what you take home.
- Your fee agreement must be in writing, and the rules of professional conduct say it must spell out the percentages and expenses.
- Seamen get extra protection: courts treat them as wards of the admiralty and scrutinize agreements that affect them.
Typical up-front cost to hire a maritime lawyer on a contingency fee.
Standard maritime contingency fee range, depending on how far the case goes.
The professional-conduct rule that says your fee agreement must be in writing.
Maritime Lawyer Contingency Fees, Explained
Quick answer
A maritime lawyer contingency fee is a deal where the lawyer is paid only if they win or settle your case, taking an agreed share of the money recovered. You pay no hourly bill and nothing up front, and if there is no recovery, you owe no attorney fee.
If you were hurt offshore, the cost of a lawyer is often the first worry. The good news is that nearly all maritime injury lawyers work on contingency, which is designed so that people who cannot pay by the hour can still get strong representation. You are not writing a check to get started.
That said, the details matter. The percentage, who pays the case costs, and how those costs are deducted can change what actually lands in your pocket. This guide walks through how the fee works, what is normal, what the rules require, and what to confirm before you sign.
A contingency fee turns the lawyer into a partner in the outcome. You pay nothing unless they recover for you.
How a Contingency Fee Works
Quick answer
You sign an agreement giving the lawyer a set percentage of any recovery. The lawyer funds the work, and at the end the fee and any case costs come out of the settlement or verdict before you receive your share.
The mechanics are simple. You and the lawyer sign a written agreement that sets the percentage. The lawyer then does the work and fronts the expenses, carrying the financial risk of the case. If money is recovered, the fee and costs are taken out and the rest goes to you. If nothing is recovered, the lawyer does not collect a fee.
Because the lawyer only gets paid by winning, a contingency fee also works as a screen: a serious maritime firm will not take a weak case. For a deeper breakdown, see our guide to maritime lawyer fees and costs.
The lawyer carries the cost and the risk. You only pay out of money that is actually recovered.
What Percentage Do Maritime Lawyers Charge?
Quick answer
Most maritime contingency fees fall between 33 and 40 percent of the recovery. The percentage is usually lower for an early settlement and higher if the case has to be filed in court or tried.
There is no single fixed number, but the range is well established. A typical agreement might set one third if the case settles before a lawsuit is filed and step up toward 40 percent if the case is filed, litigated, or taken to trial, which takes far more work and risk.
What matters is that the percentages are spelled out in writing before you sign. A fee that sits far outside the normal 33 to 40 percent range is worth questioning.
Expect 33 to 40 percent, tied to how far the case goes. Get every percentage in writing.
Costs vs. Fees: The Difference That Matters
Quick answer
The fee is the lawyer's percentage. Costs are the case expenses, such as experts, depositions, and court fees. Whether costs are deducted before or after the fee is calculated changes how much you keep.
People often miss that fees and case costs are separate. Costs include expert witnesses, medical records, depositions, and filing fees, and in a serious maritime case they can run from tens of thousands of dollars to well over one hundred thousand. A real firm advances these and is repaid from the recovery.
Here is the part that affects your check: if costs are subtracted before the fee is calculated, you usually keep more than if the fee is taken off the top first. The order is negotiable and must be stated in the agreement.
Fees and costs are not the same. Ask whether costs come out before or after the fee, and get the answer in writing.
What to Check Before You Sign
Quick answer
Read the written agreement. Confirm the percentages, who pays costs if you lose, and whether costs come out before or after the fee. The rules of professional conduct require these terms to be in writing.
Under the rules of professional conduct that govern lawyers, Rule 1.5, a contingency fee agreement must be in a writing signed by you. It must state the percentages for settlement, trial, and appeal, the expenses to be deducted, and whether those expenses come out before or after the fee. It must also tell you which costs you might owe even if you do not win.
A few smart questions go a long way. Ask what happens to costs if the case is lost, ask for the agreement in plain language, and review our list of questions to ask before signing a contingency agreement. It also helps to understand how to choose a maritime injury lawyer in the first place.
Get it in writing, confirm the cost terms, and never sign an agreement you do not fully understand.
Finding a Maritime Lawyer Who Works on Contingency
Quick answer
Look for a lawyer who concentrates in maritime injury cases, advances the costs, and lays out the fee clearly in writing. Because maritime law is a narrow specialty, that focus matters more than a general injury practice.
Almost every reputable maritime lawyer handles injury cases on contingency, so the fee structure itself is rarely the deciding factor. What separates firms is whether they truly concentrate in maritime work, will front the experts a serious case needs, and explain the numbers honestly.
Offshore Injury Help is not a law firm and does not give legal advice. We research this field and connect injured workers with vetted maritime attorneys through a simple, confidential intake. When you are ready, you can request a free case review and we will take it from there.
Choose a lawyer for maritime focus and honest terms, not just the percentage. The fee is similar almost everywhere.
Sources and further reading
- ABA Model Rules of Professional Conduct, Rule 1.5 (Fees)American Bar Association. Reasonableness standard and written contingency-fee requirements.
- Comment on Rule 1.5American Bar Association. Contingent fees and advancing litigation expenses.
- Garrett v. Moore-McCormack Co., 317 U.S. 239 (1942)U.S. Supreme Court. Seamen are wards of the admiralty; agreements affecting them are scrutinized for fairness.
- 46 U.S.C. § 30104, the Jones ActCornell Law School, Legal Information Institute. Seaman negligence remedy.
- CDC NIOSH Commercial Fishing SafetyNational Institute for Occupational Safety and Health. Maritime injury and fatality data.
Our editorial standards
Primary sources only
Every claim cites a primary authority: federal statutes, U.S. Supreme Court decisions, and official government sources, all linked to free public databases.
Quarterly review
This guide is reviewed every quarter and updated when maritime law develops. The last-reviewed date reflects our most recent pass.
Editorial, not legal advice
Michael Mangione is a legal research editor, not a practicing attorney. This is educational information, not advice for your situation. For that, speak with a licensed maritime attorney.
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Frequently asked questions
What is a maritime lawyer contingency fee?
A contingency fee in a maritime injury case is a payment arrangement in which the lawyer is paid only if they recover money for you, by settlement or verdict, and takes an agreed percentage of that recovery. You pay no hourly fee and nothing up front. If there is no recovery, you owe no attorney fee.
How much do maritime lawyers charge on contingency?
Standard maritime contingency fees generally run between 33 and 40 percent of the recovery. The percentage often starts lower if the case settles early and rises if the case has to be filed in court or go to trial. The exact percentages must be set out in your written fee agreement.
Do I pay anything up front?
No. On a contingency arrangement you pay no upfront attorney fee and no hourly billing. The lawyer also typically advances the case expenses, such as expert witnesses and court fees, so you are not paying out of pocket while the case is worked. Fees and costs come out of the recovery at the end.
Who pays the case costs and expenses?
The lawyer usually fronts the case costs, including expert witnesses, depositions, medical records, and court fees, which can run from tens of thousands to over one hundred thousand dollars in serious cases. Those costs are then reimbursed from the recovery. Your agreement should spell out whether you owe costs if the case is lost.
Are costs deducted before or after the fee is calculated?
It depends on your agreement, and it changes how much you take home. Under the rules of professional conduct, the contingency agreement must state whether expenses are deducted before or after the fee is calculated. Deducting costs before the fee usually leaves the client with more, so confirm this term in writing.
Can a maritime lawyer's fee be too high?
Yes. Attorney fees must be reasonable under the rules of professional conduct, and a court can reduce a fee that is excessive. Maritime law gives seamen extra protection, because they are treated as wards of the admiralty, so courts scrutinize agreements and settlements affecting them for fairness.
What should be in a written contingency fee agreement?
It should state the percentage the lawyer receives at settlement, trial, and appeal, the litigation expenses to be deducted, and whether those expenses come out before or after the fee. It should also tell you which costs you may owe even if you do not win. You are entitled to a signed copy.
What happens to the fee if I lose?
If there is no recovery, you owe no attorney fee, which is the core promise of a contingency arrangement. Whether you owe any case costs depends on your agreement. Many maritime firms absorb the costs if the case is lost, but you should confirm that in writing before you sign.
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