No Win No Fee in the United States
In the United States, "no win no fee" is known as a contingency fee arrangement. Your attorney receives a percentage of your recovery — typically 33% to 40% — only if your case succeeds. If you lose, you owe no attorney fees. Contingency fees are governed mainly by state rules and are commonly used in personal injury, medical malpractice, employment, and class action cases. The permitted terms and exceptions vary.
Researching the UK instead? Compare with UK Conditional Fee Agreements or read our guide to UK no win no fee law. See exactly who writes, sources and checks our US material in the editorial disclosure.
Understanding Contingency Fees
Direct Answer: Contingency fees are the US equivalent of no win no fee. The attorney is paid only if the case succeeds, taking a pre-agreed percentage (typically 33⅓%–40%) of the recovery. Contingency representation is standard in personal injury, medical malpractice, employment law, mass tort, and class action cases nationwide.
What Is a Contingency Fee?
Complete explainer of contingency fee arrangements
Read moreHow Contingency Fees Work
Step-by-step from intake to settlement
Read moreContingency Fee Agreements
What your retainer should contain
Read moreAre Contingency Fees Regulated?
State bar rules and Model Rules
Read moreCosts vs Fees
The critical distinction most people miss
Read moreWhat If I Lose?
Case costs, taxable costs and Rule 68 risk
Read moreLiens and Deductions
Why a settlement pays less than the headline
Read moreState Rules Hub
Start with the rules that apply in your state
Read moreContingency Fee vs CFA
How the US and UK systems compare
Read moreUS vs UK Legal Costs
Compare net recovery, expenses and cost risk
Read moreAlternative Fee Arrangements
Hybrid, flat fee, and hourly comparisons
Read moreLegal Glossary
50+ legal terms explained in plain English
Read morePractice Areas
Personal Injury
Auto accidents, slip and fall, premises liability
Medical Malpractice
Surgical errors, misdiagnosis, birth injuries
Workers' Compensation
Workplace injuries and occupational illness
Employment Law
Wrongful termination, discrimination, harassment
Class Action
Consumer, securities, and antitrust class actions
Mass Tort
MDL, pharmaceutical, and environmental litigation
Product Liability
Defective products, strict liability claims
Civil Rights
Section 1983, police misconduct, § 1988 fee-shifting
Social Security Disability
SSDI and SSI claims and appeals
Wrongful Death
Fatal accident and survivor claims
Car Accident
Motor vehicle collision claims
Truck Accident
Commercial vehicle and 18-wheeler accidents
Motorcycle Accident
Motorcycle collision claims
Uber & Lyft Accident
Rideshare accident claims
Dog Bite
Dog bite liability and strict liability claims
Construction Accident
Workplace injuries on construction sites
Nursing Home Abuse
Elder abuse and neglect in care facilities
Sexual Abuse
Civil lawsuits for sexual abuse survivors
Mesothelioma & Asbestos
Asbestos exposure and mesothelioma claims
Data Breach
Data breach class actions and privacy claims
Consumer Protection
FDCPA, TCPA, FCRA fee-shifting claims
Insurance Bad Faith
Denial of valid insurance claims
Lemon Law
Defective vehicle consumer protections
Veterans Claims
VA disability claims and appeals
Frequently Asked Questions
Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.
- ABA Model Rule 1.5 (Fees)
Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.
- Cornell LII — contingency fee
- Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)
A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.
- Federal Rule of Civil Procedure 68 (offer of judgment)
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
- Review dates
- Last reviewed 2 August 2026. Next review due 2 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.
Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.
- ABA Model Rule 1.5 (Fees)
Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.
- Cornell LII — contingency fee
- Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)
A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
- Review dates
- Last reviewed 2 August 2026. Next review due 2 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.