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A serious 18-wheeler crash can leave you with medical bills, lost income, and questions about how you can afford a lawyer. The answer at our firm is straightforward: you pay no attorney fee up front. We work on a contingency fee, so our attorney fee comes out of the compensation we recover for you.
Our fee is 33% if your case resolves before we file a lawsuit. If we have to file suit, the fee is 40%. We explain the agreement before you sign it, including how case expenses and other deductions affect the amount you receive.
I’m Greg Baumgartner. I founded Baumgartner Law Firm in 1985 and have handled serious truck and commercial vehicle injury cases for more than 40 years. I know the last thing an injured family needs is an unexpected legal bill. Here is how our fees work and what you should ask any lawyer before hiring them.
If you want to discuss a serious truck crash first, learn about my approach as a Texas truck accident lawyer. Your initial consultation is free.
A contingency fee means the lawyer is paid an agreed percentage of the recovery rather than charging by the hour. If the case ends in a settlement or a verdict that results in payment, the fee is calculated under the written agreement. If there is no recovery, you owe our firm no attorney fee.
This lets a person with a serious injury hire legal help without paying a retainer or monthly hourly bills. It also means we take on the risk of devoting time and resources to a case without knowing whether we’ll recover.
The difference matters. Filing suit may require formal discovery, depositions, expert testimony, court filings, and trial preparation. We explain when the higher percentage applies before you hire us. Always review your signed contract for the exact terms, including how it addresses an appeal.
The attorney fee pays for our legal work. That can include evaluating liability, dealing with the insurance company, negotiating a settlement, preparing suit, taking depositions, and pursuing your claim in court when necessary.
A truck accident investigation may also require separate case expenses. We may need to obtain driver records, electronic logging device data, truck inspection and maintenance records, police materials, medical records, or expert analysis. Those expenses are different from the attorney fee.
Truck cases often turn on evidence that is not available to a driver in an ordinary car collision. See how federal trucking regulations and the conduct of a trucking company may affect an investigation.
We advance expenses for accepted truck accident cases rather than asking you to fund the investigation as it unfolds. When money is recovered, the agreement governs reimbursement of those expenses from the recovery. These may include court filing fees, expert fees, deposition transcripts, record charges, and investigation costs.
Attorney fees and case expenses are not the same thing. Medical bills, health insurance reimbursement claims, Medicare or Medicaid claims, and other valid liens or obligations may also affect what you ultimately receive. We review those issues when evaluating and resolving a case.
Our existing fee policy states that clients do not owe our firm an attorney fee or reimbursable case expenses if there is no recovery. The signed agreement controls the details. Ask us to explain any provision you do not understand before signing.
Suppose the case settles for $300,000, and we advanced $15,000 in case expenses. Here is a simple illustration of how the two fee stages would affect the balance before medical bills, liens, and other deductions:
| Item | Before suit (33%) | After suit (40%) |
| Gross settlement | $300,000 | $300,000 |
| Attorney fee | – $99,000 | – $120,000 |
| Case expenses | – $15,000 | – $15,000 |
| Balance before other deductions | $186,000 | $165,000 |
This is an example, not a prediction of settlement value or take-home recovery. It assumes the fee is calculated on the gross settlement before $15,000 in expenses are subtracted. Your actual agreement determines the calculation. Medical bills, liens, and other obligations are not included here.
Texas Disciplinary Rule of Professional Conduct 1.04(d) requires a contingency fee agreement to be in writing and explain how the fee is determined. If the fee percentage changes depending on settlement, trial, or appeal, the applicable percentages must be stated. The agreement must also identify litigation and other expenses to be deducted and say whether expenses are deducted before or after the fee is calculated. At the end of the case, the lawyer must provide a written statement showing the outcome and, if there is a recovery, how the client’s payment was calculated.
You can read Texas Rule 1.04 in the Texas courts’ published disciplinary rules and the Texas State Law Library’s explanation of attorneys’ fees.
I do not think injured people should choose a truck accident lawyer by percentage alone. They should ask who will actually work on the case, what evidence the lawyer knows to preserve, and whether the lawyer is prepared to file suit if a fair offer never comes.
In one truck case, we uncovered that a driver had falsified his logbooks. He denied it in his deposition. Once the records and testimony exposed the problem, the defense paid our full settlement demand shortly afterward. That experience is one reason I look closely at records instead of accepting the truck driver’s account at face value.
That does not mean every case needs a lawsuit or that any result is guaranteed. It means the lawyer’s work can matter, especially when a trucking company disputes fault or the seriousness of the injury.
You can review examples of our truck accident results and learn more about Greg Baumgartner’s representation of seriously injured clients. Past results do not guarantee a similar outcome.
No. We offer free consultations and do not charge an upfront attorney fee for the truck accident injury cases we accept on contingency.
Yes. Our fee is 33% before suit and 40% if a lawsuit has to be filed, as set out in the written agreement.
No. Our attorney fee depends on a recovery. Our published policy also says we do not collect advanced case expenses when there is no recovery; the signed agreement sets out the controlling terms.
No. Attorney fees and medical bills are separate. Depending on the case, valid medical bills, liens, or reimbursement claims may need to be resolved from settlement proceeds.
No. Under our stated fee arrangement, the increase is tied to filing a lawsuit, not simply the number of months the claim stays open.
Yes. We offer a free consultation so you can ask about the claim, the proposed fee agreement, and who would handle the work.
If you or a family member suffered a serious injury in an 18-wheeler or commercial vehicle accident, I am happy to explain what we would investigate and what hiring our firm would cost. You should understand the fee before deciding whether to move forward.
Call (281) 893-0760 or request a free consultation online. You can also read more answers to common truck accident questions. No attorney fee unless we recover compensation for you.
About the author: Truck accident lawyer Greg Baumgartner started helping injured victims in 1985. He has more than 40 years of experience handling serious personal injury and truck accident claims and personally works on the cases his firm accepts.
