- Injury work in Colorado is usually done on a contingent fee, which ties the fee to the outcome rather than billing you up front. The rule allows a fee to be contingent in whole or only in part, so your written agreement decides what you would owe.
- Colorado’s rule for lawyers requires the terms of that arrangement to be put in writing, and it lists specific things the agreement has to tell you.
- One line matters more than the percentage itself: whether the fee is calculated before or after case expenses come out.
- Colorado does not fix a single percentage for injury cases. The rule requires the number to be stated and the overall fee to be reasonable.
- Truck cases carry costs a car case usually does not, and some of the evidence sits under a federal retention rule measured in months.
If you were hit by a commercial truck and you are quietly doing math in your head, you are asking a fair question at a terrible moment. You are hurt, you are missing work, and the bills that arrived this week do not care that none of this was your fault. Then someone tells you to call a lawyer, and the first thing you think is that you cannot afford one.
Here is the short version. A Denver truck accident lawyer handling an injury claim is normally paid out of a recovery rather than out of your pocket at the start, and Colorado has rules about what that arrangement must tell you in writing before you sign anything. This page walks through what those rules require, what the money actually looks like, and the specific reasons a truck case costs more to build than an ordinary car case. If you would rather just ask a person, CGH Injury Lawyers takes calls at (303) 209-9395, and you can also reach the firm through the contact page.
The content on this page is provided for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Laws vary by jurisdiction and change frequently. Always consult a licensed attorney for advice specific to your situation.
What This Page Covers
- Whether you pay anything up front
- What Colorado requires your fee agreement to say
- Whether Colorado sets a standard percentage
- The difference between attorney fees and case costs
- Why a truck case is more expensive to build
- What to ask before you sign
You Are Probably Not Being Asked for Money Up Front
Most injury representation runs on what is called a contingent fee. Colorado’s rule defines it plainly: a contingent fee is “a fee for legal services under which compensation is to be contingent in whole or in part upon the successful accomplishment or disposition of the subject matter of the representation.”
Read the words “in whole or in part,” because they matter. In the common arrangement, the lawyer is paid a share of what comes in, and if nothing comes in there is no percentage to pay. But the rule also allows a fee that is only partly contingent, and it says plainly that “nothing in this Rule prevents a lawyer from entering into an agreement that provides for a contingent fee combined with one or more other types of fees, such as hourly or flat fees.” What you would owe in a case that recovers nothing is settled by your own written agreement, not by a general rule, and not by this page.
That said, an arrangement tied to the outcome is what makes it possible to hire a truck accident attorney in Denver when your savings are already going to rent and physical therapy.
That is the fee. Case expenses are a separate question, and they are covered further down. Read that part slowly.
What Colorado Requires Your Fee Agreement to Say
You have more protection here than you might expect. Rule 1.5 of the Colorado Rules of Professional Conduct governs what lawyers may charge and what a contingent fee agreement has to contain. The terms “shall be communicated in writing before or within a reasonable time after commencing the representation,” and the rule then lists what that writing must include.
A few of those items are worth knowing by name, because they are the ones that decide what actually reaches your bank account.
The percentage, and the question that changes your check
The agreement has to state “the method by which the fee is to be determined, including the percentage or amounts that will accrue to the lawyer in the event of settlement, trial or appeal, or other final disposition, and whether the contingent fee will be determined before or after the deduction of (A) costs and expenses advanced by the lawyer or otherwise incurred by the client, and (B) other amounts owed by the client and payable from amounts recovered.”
Read that last part again. Two agreements can quote the same percentage and pay out differently, because one calculates the fee on the full recovery and the other calculates it after expenses come off the top. If you read one line of the agreement closely, make it that one.
What happens to expenses if the case does not produce money
The agreement also has to include a statement about expenses, covering “(A) an estimate of the expenses to be incurred, (B) whether the lawyer is authorized to advance funds for litigation-related expenses to be reimbursed to the lawyer from the recovery, and, if so, the amount of expenses the lawyer may advance without further approval, and (C) the client’s obligation, if any, to pay expenses if there is no recovery.”
That final clause is the honest answer to the question you are actually asking. Whether you would owe expenses in a case that recovers nothing is not something an article can tell you, because it turns on what the specific agreement says. What the law does require is that the agreement address it, so you can ask to see that clause and read it before you sign.
The people who may be paid before you are
One more requirement saves a lot of unpleasant surprises. The agreement must include “a statement that other persons or entities may have a right to be paid from amounts recovered on the client’s behalf, for example when an insurer or a federal or state agency has paid money or benefits on behalf of a client in connection with the subject of the representation.”
If your health insurer or a government program paid your hospital bills, they may have a claim against the recovery. That is not a trick and it is not buried. It is a line the agreement has to contain, and it is worth asking about early rather than at the end.
Two more protections in the same rule
A contingent fee agreement “must be signed by the client and the lawyer,” so nothing binds you from a conversation alone. And when the matter ends, the lawyer “shall provide the client a written disbursement statement showing the amount or amounts received, an itemization of costs and expenses incurred in handling of the matter, sums to be disbursed to third parties, including lawyers in other law firms, and computation of the contingent fee.” You are entitled to see the arithmetic at the end, itemized.
The rule also has teeth. “No contingent fee agreement shall be enforceable unless the lawyer has substantially complied with all of the provisions of this Rule.”
Is There a Standard Percentage in Colorado?
Not a fixed one, and it is better to hear that plainly than to be quoted a number that does not come from anywhere.
Colorado’s rule does not set a percentage ceiling for injury cases. What it does is require the number to be written into the agreement, and require the fee overall to be reasonable. Rule 1.5(a) says a lawyer “shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses,” and it lists the factors that go into that judgment, including “the fee customarily charged in the locality for similar legal services,” “the amount involved and the results obtained,” and “whether the fee is fixed or contingent.”
For general context from outside Colorado law, the Federal Trade Commission’s consumer guidance on hiring a lawyer describes the common shape of these arrangements: “most states limit the attorney’s fee to a ‘reasonable’ percentage (33%, for example).” The FTC also notes something you may not have been told: “You can negotiate the size of the contingency fee.” Treat 33% as the FTC’s illustration of a common figure, not as a Colorado rule and not as a quote for your case.
Colorado does cap the percentage in one specific area, and the contrast is useful. In workers’ compensation matters, state law provides that “on unappealed contested cases, a contingent fee exceeding twenty-five percent of the amount of contested benefits is presumed to be unreasonable.” That is a workers’ compensation rule. It is not the rule for a personal injury claim, and it is a reminder that fee limits in Colorado attach to particular types of case rather than to injury work generally.
If you are comparing firms and wondering how much personal injury lawyers charge, the number to ask for is the one written in that firm’s agreement, together with whether it is figured before or after expenses.
Attorney Fees and Case Costs Are Two Different Things
Keep these two apart in your head. They are not the same thing, and the difference shows up in what you take home.
The fee is what the lawyer is paid for the work. The costs are what it takes to build the case: filing fees, obtaining records, depositions, expert witnesses. The FTC’s consumer guidance puts the two together in one sentence, describing a client who pays a percentage of the recovery and “also pay[s] for depositions, expert witnesses, filing fees, and other expenses related to your case.”
Whether those costs are advanced by the firm, how much can be advanced without checking with you first, and what happens to them if the case recovers nothing are all things the written agreement has to address. CGH has a broader page on personal injury lawyer cost in Denver, and a separate post on out-of-pocket expenses in a Denver personal injury case.
Why a Truck Case Costs More to Build Than a Car Case
This is what makes a truck claim different, and it is why a Colorado truck accident lawyer approaches the file differently from day one.
The evidence has a clock on it
Commercial carriers generate records that ordinary drivers do not: hours-of-service logs, electronic logging device data, maintenance and inspection files, dispatch records. Federal regulation sets how long some of it has to be kept. Under 49 CFR 395.8(k)(1), “a motor carrier shall retain records of duty status and supporting documents required under this part for each of its drivers for a period of not less than 6 months from the date of receipt.”
Six months is the floor for retention, not a promise that anything survives longer. That single fact changes how a truck case is handled early. There is real work in identifying and preserving records while they still exist, and that work happens before anyone knows what the claim is worth. It is one reason these files start carrying costs sooner than a straightforward car claim does.
There is usually more than one company involved
A collision with a commercial vehicle can involve the driver, the motor carrier, the company that owned the trailer, a broker, a maintenance contractor, or the business whose freight was being hauled. Working out who is responsible for what takes investigation, and investigation costs money.
More parties can also mean more insurance policies and more lawyers on the other side. None of that tells you anything about how your own case would turn out. It does explain why the expense side of a truck file tends to be heavier, and why the conversation about costs is worth having openly at the start.
The reconstruction question
Serious truck collisions frequently involve accident reconstruction and other expert work. Experts are among the larger line items in any case budget, which is exactly why the agreement’s estimate of expenses, and the ceiling on what may be advanced without your approval, are worth reading rather than skimming.
For general background on these claims, CGH maintains a Denver truck accident lawyer page and a broader truck accident practice area page.
What You Can Ask Before You Sign Anything
You are allowed to ask all of this, and a straight answer is a reasonable thing to expect.
- What is the percentage, and does it change if the case is filed, tried, or appealed?
- Is the fee calculated before or after expenses come out?
- What is your estimate of expenses in a case like this one?
- How much can be advanced without asking me first?
- What would I owe for expenses if there is no recovery?
- Who else might have a claim against the recovery?
- What does your end-of-case disbursement statement look like?
One more thing worth knowing. Under the same Colorado rule, “referral fees are prohibited,” and a contingent fee may not be used at all “for representing a defendant in a criminal case,” or in a domestic relations matter where payment turns on securing a divorce or on the amount of maintenance, child support, or property settlement. Contingent fees belong to civil claims like injury cases.
Speak With a Denver Truck Accident Attorney
If cost is the thing keeping you from making the call, then ask about cost. That is a normal first conversation, not an awkward one, and you do not need to have decided anything before you have it.
CGH Injury Lawyers is at 2701 Lawrence St., Suite 201, in Denver. Call (303) 209-9395, or use the contact page to describe what happened. Se habla español: (303) 835-9177.
Frequently Asked Questions
Do I pay a Denver truck accident lawyer up front?
In a contingent fee arrangement, compensation is contingent on the outcome rather than billed at the start. Colorado’s rule allows a fee to be contingent in whole or only in part, and permits a contingent fee combined with another type of fee, so what you would owe if nothing is recovered is set by your written agreement. Case expenses are a separate matter, and how they are handled must also be set out in that agreement, including what you would owe for expenses if there is no recovery.
Does Colorado law set a maximum percentage for injury cases?
Colorado’s Rule 1.5 does not set a percentage ceiling for injury representation. It requires the percentage to be stated in the agreement, and requires the fee to be reasonable, judged against listed factors including the fee customarily charged in the locality for similar legal services. A specific statutory limit does exist in workers’ compensation matters, where a contingent fee above twenty-five percent of contested benefits is presumed unreasonable.
Is the percentage negotiable?
The Federal Trade Commission’s consumer guidance states that “you can negotiate the size of the contingency fee.” Whether a particular firm agrees to a different arrangement is a matter for that firm.
Why would a truck case cost more than a car accident case?
Truck claims often require preserving carrier records, identifying several potentially responsible companies, and retaining experts such as accident reconstructionists. Federal regulation requires motor carriers to retain records of duty status and supporting documents for not less than six months from the date of receipt, so some of that work has to happen early.
Can I be charged for expenses if my case recovers nothing?
That depends on the written agreement. Colorado’s rule requires the agreement to state the client’s obligation, if any, to pay expenses if there is no recovery. Ask to see that clause before you sign.
Written by CGH Injury Lawyers.
Published: September 9, 2026. Last reviewed: September 9, 2026.
Attorney Advertising. CGH Injury Lawyers.
This article is general information for Colorado injury readers. It is not legal advice, does not create an attorney-client relationship, and does not promise that any deadline, rule, or outcome applies to your case. Statute-of-limitations, comparative negligence, insurance, and compensation questions require case-specific legal review.