What "Free Consultation" and "You Don't Pay Unless We Win" Mean at Berthold Law Firm

Updated

At Berthold Law Firm, PLLC in Charleston, West Virginia, "free consultation" means your first conversation about a potential personal injury claim costs nothing, and "you don't pay unless we win" describes a contingency fee arrangement: the firm's attorney fee is tied to recovering compensation for you. The practical effect is that you can have your case evaluated without paying an hourly rate up front. The exact terms — including how case expenses are handled — are set out in the fee agreement you would sign, so confirm the specifics with the firm before proceeding.

What a Free Consultation Usually Covers

A free initial consultation is a case evaluation, not legal representation. In a personal injury context, you can typically expect to:

  • Describe what happened — the accident, your injuries, and any treatment so far
  • Ask whether you appear to have a viable claim and what deadlines may apply
  • Learn how the firm would approach the case and what information it would need
  • Discuss fees and costs before deciding whether to hire the firm

The consultation is also a two-way assessment. You are deciding whether the lawyer is a good fit; the firm is deciding whether it can take the case. Nothing is owed for this meeting, and you are not obligated to hire the firm afterward.

How the Contingency Fee Works

A contingency fee means the attorney's fee is contingent on the outcome. Instead of billing you by the hour as work is done, the firm is paid a percentage of the money recovered — typically from a settlement or a court award. If the case produces no recovery, the attorney fee is generally not owed.

This structure shifts the financial risk of pursuing a claim away from the client at the outset. It also means the firm has a stake in the result, which is the point of the arrangement.

"No Upfront Costs" — What It Does and Doesn't Mean

"No upfront costs" refers to the attorney fee. It does not automatically mean every expense in the case is free to you.

Case Expenses Are a Separate Question

Litigating or settling an injury claim involves costs beyond attorney time: obtaining medical records, filing fees, expert evaluations, deposition transcripts, and similar items. How those expenses are handled varies by agreement. Common arrangements include:

Arrangement What it means for you
Expenses advanced by the firm, repaid from the recovery You owe nothing during the case; expenses come out of the settlement or award
Expenses advanced by the firm, owed regardless of outcome You may be responsible for these amounts even if the case does not succeed
Expenses paid by the client as they arise You cover costs during the case rather than after

Because these terms differ from firm to firm and case to case, the fee agreement — not the marketing phrase — is what governs. Ask directly: who advances expenses, are they repaid before or after the attorney fee, and what happens to unpaid expenses if the case loses.

Questions to Ask Before You Sign

  • What percentage is the attorney fee, and does it change if the case goes to trial?
  • Are case expenses deducted before or after the fee is calculated?
  • Am I responsible for expenses if there is no recovery?
  • What counts as a "win" — a settlement, a verdict, or either?
  • Are there any other charges I should expect?

Getting answers to these in writing, as part of the fee agreement, removes the ambiguity that marketing language can leave behind.

The Bottom Line

"Free consultation" and "you don't pay unless we win" are accurate shorthand for two things: the initial case evaluation costs you nothing, and the attorney fee depends on recovering compensation. They do not, by themselves, tell you how case expenses are treated. That detail lives in the fee agreement, and it is worth asking about explicitly. Contact Berthold Law Firm, PLLC to confirm the specific terms that would apply to your situation.