No Fee Policy Explained: Is It Right for You?

Understanding the No Fee Policy

Pursuing legal action can be intimidating, especially when you’re concerned about attorney costs. That’s where a “No Fee Policy”—also known as a contingency fee arrangement—comes into play.

This type of agreement eliminates financial barriers for injury victims, allowing them to seek justice without the risk of paying legal fees upfront. It is particularly beneficial for individuals facing medical bills, lost wages, and other financial burdens after an accident.

At Harding Mazzotti, we are committed to leveling the playing field for our clients in New York, Vermont, and Massachusetts. We believe that everyone deserves access to justice, regardless of their financial situation. With a proven track record and years of experience, our team has successfully fought against large insurance companies and corporations to secure justice and fair compensation for our clients.

Wondering if this is the right option for you? Contact our personal injury attorneys for a free consultation.

What Does a No Fee Policy Mean?

A No Fee Policy agreement is a legal arrangement in which our clients do not pay attorney fees unless their case is successful. We only get paid if we recover compensation for the client—whether through a settlement or a court verdict. If the case is not successful, the client typically owes nothing.

These agreements are common in cases involving personal injury, medical malpractice, wrongful death, employment disputes, and consumer protection claims.

This type of agreement ensures that individuals can pursue legal action without worrying about financial barriers.

Our No Fee Policy is commonly used in cases where someone has suffered harm due to another’s negligence. These can include:

• Personal injury case claims – Car accidents, slip and falls, workplace injuries, and defective products.
• Medical malpractice – Misdiagnosis, surgical errors, medication mistakes, and hospital negligence.
• Wrongful death lawsuits – Cases where a loved one has died due to another party’s negligence.
• Employment disputes – Wrongful termination, workplace discrimination, and harassment claims.
• Consumer protection cases – Defective products, fraudulent business practices, and unsafe medications.

How Do No Fee Policy Attorneys Get Paid?

Under this arrangement, attorneys typically take a percentage of the final settlement or court award. The percentage can vary depending on the complexity of the case, the stage at which the case is resolved, and state regulations. Personal injury lawyers generally receive a percentage of the recovered amount. Some cases may have a tiered fee structure, where the percentage increases if the case proceeds to trial.

Differences Between Contingency and Other Fee Structures

There are several ways lawyers in New York and elsewhere charge for their services:

• Hourly Billing: Clients pay for every hour the lawyer works on the case, which can add up quickly.
• Flat Fees: A set amount is charged for specific legal services, such as drafting contracts or filing for bankruptcy.
• Retainers: Clients pay an upfront fee, and lawyers bill against it as they work on the case.
• Contingency Fees: The lawyer is paid only if the client wins the case.

For clients facing financial hardship, we understand that contingency fees are often the best option because they remove the burden of upfront costs. At Harding Mazzotti, we strive to make high-quality legal representation accessible to all.

How Contingency Fees Benefit Clients with Limited Resources

One of the primary advantages of a contingency fee arrangement is that it allows individuals who may not otherwise be able to afford legal representation to access high-quality legal services. Many injury victims are already facing lost income due to their injuries, making it difficult to pay upfront legal fees. With a No Fee Policy, these individuals can still pursue their claims and receive the compensation they deserve.

How the No Fee Policy Works at Harding Mazzotti

Here’s what to expect when pursuing a case under a No Fee Policy agreement:

1. Free Case Evaluation – You begin with a free consultation where an attorney reviews your case to determine its strength and whether a No Fee Policy arrangement applies.
2. Signing a Contingency Fee Agreement – If your case qualifies, you sign an agreement outlining the percentage the lawyer will receive from the compensation if you win. The exact percentage may depend upon factors such as the case’s complexity and the stage the case is at when you seek our help.
3. Attorney Covers Legal Costs Upfront – Your lawyer(s) will handle all case-related expenses, including court filing fees, expert witness fees, and investigation costs, so you don’t have to pay out of pocket up front. At Harding Mazzotti, we ensure that you don’t have to shoulder this financial burden while we are in the process of pursuing your case.
4. Attorney Receives a Percentage if You Win – If your case is successful, your attorney fee is deducted from the settlement or court award. Case-related expenses will also be reimbursed. The remaining amount goes directly to you to cover lost wages, medical bills, pain and suffering, and other damages.
5. If You Lose, You Pay Nothing – In most No Fee Policy agreements, if your case is unsuccessful, you owe nothing. At Harding Mazzotti, we explain all potential costs at the outset, so you know exactly what to expect.

New York Regulations on Contingency Fees

New York law mandates that attorneys provide clients with written agreements detailing how fees are calculated. At Harding Mazzotti, we always thoroughly discuss our fees with you, answer all your questions, and provide you with a printed copy of the agreement for your records.

Pros and Cons of a No Fee Policy

While a No Fee Policy offers many advantages, it’s important to consider potential drawbacks.

Advantages:

• No upfront legal fees – Anyone can access legal representation, regardless of their financial situation. This is especially helpful to personal injury victims, who may be already dealing with medical bills and lost income.
• Attorneys are highly motivated – Since our attorneys’ payment depends on a successful outcome, we have a strong incentive to fight for the highest possible compensation. This is particularly beneficial in cases like car accidents, workplace injuries, and wrongful death claims, where insurance companies often try to minimize payouts.
• Access to top legal representation – Some of the best personal injury attorneys work on a contingency fee basis, allowing clients to hire highly experienced legal professionals without worrying about hourly fees. This is critical for medical malpractice and product liability cases, which routinely require expert witnesses and extensive legal work.
• No financial risk – If you lose, you typically don’t owe anything.
• Attorney covers case costs – Filing fees, expert witness fees, and court expenses are typically paid by the law firm upfront.

Disadvantages:

• Lawyers take a percentage of your compensation – While this structure makes legal help accessible, it also means that a portion of your compensation goes to your attorney. This is an important consideration in high-value claims, such as catastrophic injury or wrongful death cases.
• Firms may reject complex cases – If liability is unclear or the case requires significant resources, some firms may decline representation.
• Potential hidden costs – Some firms require clients to reimburse case-related expenses even if they lose.

At Harding Mazzotti, we prioritize transparency, and we cover case expenses upfront while explaining all potential costs in advance. We want our clients to feel confident that there are no hidden fees or surprises.

Who Qualifies for a No Fee Policy Claim?

Not every case qualifies for a No Fee Policy agreement. All law firms carefully evaluate claims before accepting them on a contingency basis, prioritizing cases with strong evidence and clear liability.

Factors That Increase the Chances of Acceptance

• Clear liability – Cases where fault is obvious and well-documented are more likely to be accepted. For example, a rear-end car accident with a police report confirming the other driver’s fault is a strong candidate.
• Strong evidence – The more proof you can bring to us, the better. Key forms of evidence include:
  • Medical records detailing the extent of injuries
  • Accident reports from law enforcement or incident logs from businesses
  • Witness statements
  • Proof of lost wages, such as pay stubs or employer verification
  • Photos and videos of the accident scene or injuries
• Significant damages – Cases involving serious medical treatment, permanent disability, or major financial setbacks are more likely to be pursued under our No Fee Policy.

High-Risk Cases That May Be Declined

While many personal injury claims qualify for a No Fee Policy agreement, some cases are considered too risky or complex for most law firms to take on a contingency basis, including:

• Cases with unclear liability – If it’s difficult to prove fault or if multiple parties are involved, attorneys may be hesitant to accept the case.
• Minimal injuries or damages – If injuries are minor and do not require extensive medical treatment, the potential compensation may not justify the legal costs.
• Highly complex legal matters – Certain cases, such as medical malpractice or product liability claims, require extensive expert testimony and may be rejected by any law firm if they are too difficult to prove.

At Harding Mazzotti, LLP, we carefully evaluate every potential claim to determine if a No Fee Policy agreement is the right approach. We only take on cases we truly believe in, ensuring that our clients have the best possible chance of success.

Debunking No Fee Policy Myths and Misconceptions

A No Fee Policy can be a great way to access legal help without the upfront financial burden. However, there are some common misunderstandings. Let’s break down the myths:

Myth #1: “No Fee Policy Means Absolutely Zero Costs.”

• The Reality: While a “No Fee Policy” means you won’t pay your lawyer’s fees if you lose, there can be other expenses the law firm may receive at the successful conclusion of the case. These might include things like court filing fees, expert witness costs, or the cost of getting your medical records.
• How We Do Things: At Harding Mazzotti, we believe in transparency. We’ll always be clear about any potential costs. In many cases, we even cover these expenses for you. If we don’t win your case, you generally won’t owe us anything, unless your agreement states otherwise.

Myth #2: “All No Fee/Contingency Deals Are the Same.”

• The Reality: Not all lawyers handle these cases the same way. Experience, success rates, and resources can vary significantly. Also, the percentage of your settlement that the lawyer takes as their fee can differ. At Harding Mazzotti, we have decades of experience, respect in the legal community, and some of the best and most notable attorneys practicing law today. We are committed to fighting for the maximum compensation each client deserves.

Myth #3: “Lawyers Rush Settlements Just to Get Paid.”

• The Reality: It’s a common misconception that lawyers on contingency will rush to settle cases. Ethical lawyers prioritize your best interests and getting you the highest possible compensation, even if that means taking your case to trial.
• Our Commitment: Our team has a “never back down” attitude when dealing with insurance companies. That’s why we’re known as “The Heavy Hitters.” We only recommend settling when it’s truly in your best interest. We are prepared to fight for you until you are satisfied.

Is a No Fee Policy the Right Choice for You?

A No Fee Policy can be the best option for many people who have been injured to get legal help. However, it’s not the best fit for everyone. Before you decide if this type of agreement is right for you, think about these points:

• Your Finances: Can you afford to pay a lawyer by the hour? If not, a No Fee Policy lets you pursue your case without paying anything upfront.
• The Strength of Your Case: Do you have solid proof, like medical records, accident reports, and witness statements? The stronger your case, the more likely a lawyer will agree to work on a No Fee Policy.
• Understanding the Trade-Off: Are you okay with your lawyer taking a percentage of your settlement? If you win, you might pay more than if you paid by the hour, but you won’t risk losing money on legal fees if you lose.

When a No Fee Policy Works Well

Imagine someone, let’s call him Mark, was in a car crash caused by a distracted driver. Mark had serious injuries and lots of medical bills. The police report clearly blamed the other driver, and Mark had all the necessary paperwork.

Mark couldn’t afford a lawyer by the hour, so he found one who worked on a No Fee Policy. The lawyer took the case because it was strong and fought hard for Mark, getting him a much larger settlement from the insurance company than he could have gotten on his own.

In this case, the No Fee Policy was perfect. Mark got excellent legal help without any upfront costs.

How Harding Mazzotti Can Help

A No Fee Policy is a great option for people with strong cases who can’t afford upfront legal fees. It lets you get quality legal help without financial risk, which is ideal for personal injury, medical malpractice, and wrongful death cases.

However, it’s not right for every situation. If it’s unclear who’s at fault, the evidence is weak, or the damages are small, a lawyer on a No Fee Policy might not be willing to take your case.

Now that you know how a No Fee Policy works, think about if it’s right for you. If you believe you have a strong case with clear evidence and significant damages, this type of agreement could be your best way to get justice.

At Harding Mazzotti, we ensure full transparency in our agreements, and we work tirelessly to secure the best outcome for our clients. We take pride in standing by those who need strong legal representation.

Injured in a car crash? Remember the three Z’s: Zip, Zero, Zilch. At Harding Mazzotti, we win, or you pay nothing. It’s our No Fee Policy!

Contact Harding Mazzotti today for a free consultation and find out if you qualify.