Morgan & Morgan handles injury claims on a contingency basis, meaning you pay nothing upfront and the firm takes a percentage of what you recover

Morgan & Morgan is a personal injury law firm with offices across the United States. The firm works on contingency — you do not pay attorney fees unless the firm recovers money for you through settlement, judgment, or other resolution. When the firm does recover money, it takes a percentage (typically 33% for cases settled before trial, up to 40% for cases that go to trial), plus it covers case costs like medical records, informed reports, and filing fees.

The firm handles motor vehicle accidents, workplace injuries, medical malpractice, wrongful death, and other injury types. Because it operates on contingency, the firm's incentive is the same as yours: to recover as much as possible. You should understand what "settlement" means in this context: it is a negotiated agreement where the other party (usually an insurance company) pays you a lump sum to close the claim, rather than going to trial.

This article explains how Morgan & Morgan's settlement process works, what you can expect at each stage, and what questions to ask before you hire the firm or accept any settlement offer.

Key Takeaways

  • Morgan & Morgan works on contingency, so you pay nothing unless the firm recovers money, and then it takes a percentage of what you receive.
  • The firm covers case costs upfront (medical records, informed reports, filing fees) and recoups them from your settlement, so ask what costs are deducted before your percentage is calculated.
  • Settlement offers come from the insurance company, not from Morgan & Morgan, and the firm's job is to negotiate the highest offer and advise you whether to accept it.
  • You have the right to reject any settlement offer and proceed to trial, though the firm will explain the risks and costs of doing so.
  • Before hiring any firm, ask for a written fee agreement that spells out the percentage, what costs are covered, and when you receive your money.

How the contingency fee structure works

Under a contingency agreement, Morgan & Morgan advances the costs of your case — obtaining medical records, hiring medical experts, filing court documents, and other expenses — without asking you to pay anything upfront. If the firm does not recover money, you owe nothing, and the firm absorbs the costs. If the firm recovers money, it deducts its percentage fee and all case costs from your settlement before you receive your portion.

The order of deduction matters. Typically, the settlement is divided this way: first, case costs are paid; second, the attorney fee is calculated and paid; third, you receive what remains. Ask your attorney whether costs are deducted before or after the fee percentage is calculated, because this changes how much you take home. For example, if your settlement is $10,000, case costs are $1,000, and the fee is 33%, you receive either $5,970 (if costs are deducted first) or $5,670 (if the fee is calculated on the full amount). Request a written fee agreement that shows this calculation clearly.

What happens from intake to settlement offer

When you contact Morgan & Morgan, the firm will ask about your injury, the circumstances, your medical treatment, and your damages (medical bills, lost wages, pain and suffering). The firm uses this information to decide whether to take your case. Not every injury claim is worth pursuing; the firm considers the strength of liability (whether the other party was clearly at fault), the extent of your damages, and whether the other party has insurance or assets to pay a judgment.

If the firm accepts your case, it will obtain your medical records, police reports, and other documentation. The firm may hire medical experts to review your injuries and prognosis. During this phase, the insurance company may contact you directly; do not discuss the claim with them without your attorney present. Once the firm has gathered evidence, it sends a demand letter to the insurance company outlining your injuries, damages, and the amount you are seeking. The insurance company then makes an initial offer, usually much lower than the demand. Your attorney and the insurance company negotiate back and forth until they reach a settlement figure or reach an impasse.

Understanding settlement offers and your right to refuse

A settlement offer is a dollar amount the insurance company proposes to pay to close the claim. Morgan & Morgan's role is to negotiate the highest offer possible and then advise you whether accepting it is in your interest. The firm cannot force you to accept any offer. You have the right to reject it and proceed to trial, though your attorney will explain the risks: trials are unpredictable, they take longer, they cost more, and you might recover less than the settlement offer or nothing at all.

Before you accept or reject an offer, ask your attorney to explain the reasoning. What is the strength of your liability case? What are comparable settlements for similar injuries? What would a jury likely award? What are the costs and timeline of going to trial? A good attorney will present both the upside of rejecting the offer (potentially higher recovery) and the downside (risk, delay, expense). The decision is yours, but it should be informed.

What costs are deducted from your settlement

Case costs typically include medical records requests, court filing fees, informed witness fees, deposition transcripts, and investigation expenses. These are real expenses the firm incurs on your behalf. Ask for an itemized list of what costs the firm expects to incur and get a written agreement about which costs you are responsible for. Some firms cover certain costs regardless of outcome; others charge them back only if you recover money.

The key question is whether costs are deducted before or after the attorney fee is calculated. If the settlement is $50,000 and case costs total $5,000, the difference between deducting costs first (you owe 33% of $45,000 = $14,850 in fees, leaving you $30,150) and deducting costs after (you owe 33% of $50,000 = $16,500 in fees, then costs, leaving you $28,500) is significant. Request a sample calculation in writing before you sign anything.

Questions to ask before hiring Morgan & Morgan

Before you sign a fee agreement, ask these questions in writing and request written answers:

  • What is the exact percentage fee for settlement, trial, and appeal?
  • Are case costs deducted before or after the percentage fee is calculated?
  • Which costs does the firm cover, and which might I be responsible for?
  • How long does the firm estimate the case will take?
  • Who will be my primary contact, and how often will I hear updates?
  • If I reject a settlement offer, what are the estimated costs and timeline for trial?
  • Can I fire the firm, and if so, what happens to the case and the costs already spent?

Do not sign a fee agreement you do not understand. If the firm cannot or will not answer these questions clearly, that is a warning sign. You are entering a contract that will affect how much money you receive, so take time to read it and ask for clarification.

What happens after you settle

Once you and the insurance company agree on a settlement amount, the firm prepares a settlement agreement and release — a legal document that spells out the payment amount and confirms that you are closing the claim and releasing the other party from further liability. You will review and sign this document. The insurance company then issues a check, usually made out to you and your attorney (or to the firm in trust). The firm deposits the check, deducts its fee and case costs, and sends you the remainder, typically within two to four weeks.

Request an itemized accounting showing the gross settlement, each deduction, and your net amount before you sign the release. If anything is unclear, ask the firm to explain it. Once you sign the release, the claim is closed and you cannot reopen it, so make sure you understand what you are agreeing to.

Frequently Asked Questions

What if Morgan & Morgan takes my case but then wants to drop it?

The firm can withdraw from representation, but it must do so in writing and give you time to find another attorney. You have the right to know why the firm is withdrawing. If the firm has already spent money on your case, ask whether you owe those costs or whether the firm absorbs them. Get any withdrawal agreement in writing.

Can I negotiate the attorney fee percentage?

Yes. Contingency percentages are not fixed by law; they are negotiable. If the firm quotes 33% or 40%, you can ask whether it will accept a lower percentage. The firm may say no, or it may agree depending on the strength of your case and the likelihood of recovery. Always ask before you sign.

What if the settlement offer is much lower than I expected?

Tell your attorney you want to understand why the offer is low and what your options are. The firm should explain the strength of your case, comparable settlements, and the cost and risk of trial. You can reject the offer and pursue trial, but understand that trials are uncertain and expensive. Your attorney should present both paths honestly.

Do I have to use Morgan & Morgan's medical experts, or can I use my own doctor?

You can use your own treating physicians' records and opinions. If the firm hires an independent informed to strengthen your case, that is the firm's choice and cost. You are not required to undergo additional medical exams unless you agree to them. Ask the firm before it schedules any exam on your behalf.

What happens if I die before the settlement is finalized?

Your claim becomes part of your estate and passes to your heirs or the executor of your will. The firm will continue to pursue the claim on behalf of your estate. Discuss this scenario with your attorney and make sure your will or beneficiary designations are clear about who should receive any settlement.