TL;DR: Parents should ask who pays attorney fees, case expenses, medical bills, and court costs, including what happens if recovery is not obtained. The written agreement should explain these obligations, potential settlement deductions, and any required court approval.
Before hiring a lawyer for your child’s injury, ask about the attorney’s fees and case expenses, as well as who pays for medical bills and court-related costs. You should also find out whether you could owe anything if the case ends without a recovery.
Imagine your child was injured while riding a bicycle. You’re considering legal representation, but hospital bills are already arriving. Before signing a representation contract, you want to know whether hiring a lawyer will create another expense your family cannot afford.
In California, contingency fee agreements can allow families to pursue injury claims without paying attorney fees upfront. However, attorney fees and case expenses are not the same, and a child’s settlement may require additional court review. Understanding these distinctions can help you make an informed decision before committing to representation.
Key Facts About Hiring a Child Injury Lawyer in California
- Contingency fees depend on recovery. Under a contingency fee agreement, the attorney’s compensation depends on the outcome, with the percentage outlined in the written contract.
- Case expenses are separate from attorney fees. Filing fees, expert reviews, and investigation expenses may be charged or reimbursed in accordance with the agreement.
- Advanced costs may remain your responsibility. California Rule of Professional Conduct 1.8.5 allows repayment of advanced litigation expenses to depend on the outcome of the case.
- Written agreements must explain costs. California Business and Professions Code §6147 requires contingency fee contracts to address how costs affect attorney fees and the client’s recovery.
- Children’s settlements receive additional protection. California courts review qualifying minor settlements and attorney fee requests under the applicable court rules.
- Medical reimbursement can reduce settlement proceeds. Outstanding medical bills and valid reimbursement claims may affect the amount ultimately available for the child.
Table of Contents
California State Bar #249405
Admitted 2007
California Personal Injury Attorney
- November 2026
Before Signing for My Child’s Injury Case, What Expenses Could We Be Responsible for and What Should the Lawyer Explain in Writing?
Before signing a formal representation agreement for your child’s injury case, ask the lawyer to explain your potential financial obligations: attorney fees, case expenses, medical bills, reimbursement claims, and court-related costs.
The lawyer should explain who initially pays each expense, whether you must authorize it, and how repayment works. Most importantly, ask what happens if the claim doesn’t lead to compensation.
Attorney Fees: What Will the Lawyer Charge?
Attorney fees compensate the lawyer for providing legal services. Many California personal injury attorneys use contingency fee agreements, meaning their fees depend on obtaining a recovery.
Under California Business and Professions Code §6147, a contingency fee agreement must be in writing. The client or authorized representative must also receive a duplicate copy signed by both parties.
The agreement must identify the agreed contingency fee rate and explain how case costs affect the fee and recovery.
Before signing, ask:
- What contingency fee rate applies to our child’s case?
- Does the rate change if a lawsuit is filed or the case proceeds to trial?
- Is the attorney fee calculated before or after case expenses are deducted?
- Does the agreement cover settlement approval proceedings?
- Would additional legal work require a separate fee?
The contract should also explain whether compensation could be owed for related matters outside the agreement’s scope.
A child’s case has an additional safeguard: The amount stated in the agreement is not necessarily the amount a court will approve. When attorney fees are paid from a minor’s recovery, California Rule of Court 7.955 generally requires the court to apply a reasonable-fee standard unless the court has approved the agreement in advance.
There is no fixed statewide contingency percentage that parents should assume applies to every child injury settlement.
Case Expenses: Who Pays While the Claim Is Pending?
Case expenses are the out-of-pocket costs of preparing, investigating, or pursuing the injury claim. They are separate from the attorney’s compensation for legal services.
Depending on the circumstances, these expenses may include:
- Medical Records: Charges for obtaining treatment records and related documents.
- Investigation: Costs associated with gathering photographs, reports, or other evidence.
- Expert Witnesses: Fees for professionals who evaluate medical injuries or accident circumstances.
- Depositions: Court reporter and transcript expenses if litigation requires sworn testimony.
- Litigation Preparation: Costs for preparing exhibits and other materials used in court.
For example, your child’s bicycle injury claim might require a medical professional to assess the injury’s long-term effects. An attorney may recommend this evaluation, but the cost should not come as a surprise.
California Rule of Professional Conduct 1.8.5 allows lawyers to advance qualifying litigation costs. Repayment may also be contingent on the outcome.
That permission does not mean every firm automatically absorbs all expenses when a claim is unsuccessful.
Ask whether the firm advances these costs, whether you must reimburse them, and whether the firm will obtain your approval for expenses above an agreed amount.
Medical Bills: Are They Included in Attorney Fees?
Medical bills are separate from both attorney fees and litigation expenses.
If your child needs emergency treatment, physical therapy, imaging, or follow-up appointments after a bicycle accident, those services may create financial obligations regardless of whether you hire a lawyer.
Medical expenses may be paid through available health coverage, by the family, or through another payment arrangement. The circumstances determine whether amounts remain unpaid or subject to reimbursement.
Parents dealing with injuries that occurred at school can also review what to do after a child is seriously injured at school, including how to document treatment costs and review insurance communications.
Before signing a representation agreement, ask the lawyer to explain:
- How existing medical bills will be documented.
- Whether treatment providers have outstanding balances.
- How medical expenses may be addressed if compensation is recovered.
- Whether any medical payments could require reimbursement.
- Who will review medical bills before a proposed settlement is submitted for approval.
A contingency fee agreement does not automatically eliminate medical bills. Parents should distinguish the lawyer’s litigation expenses from the child’s treatment expenses.
Reimbursement Claims: Who Gets Paid From a Settlement?
Some medical providers or insurers may assert a right to reimbursement from the proceeds of an injury settlement.
These claims are sometimes called medical liens or reimbursement claims. Their validity and amount depend on the provider, insurance arrangement, and applicable law.
For example, if your insurer paid part of your child’s bicycle injury treatment, the lawyer may need to review whether the insurer has an enforceable reimbursement right.
California’s Judicial Council Form MC-350 requires information about medical expenses, payments, reductions, and relevant liens when seeking approval of a minor’s settlement.
Ask the attorney:
- Who will identify possible medical liens and reimbursement claims?
- Will the firm review whether each claimed amount is valid?
- Who will communicate with providers and insurers?
- How will disputed amounts be handled?
- Will we receive an itemized breakdown before agreeing to a settlement?
Reimbursement is not the same as an attorney fee. Both may reduce the amount remaining from a settlement, but they arise from different obligations.
Court-Related Costs: What If the Judge Must Approve the Settlement?
California generally requires court approval of settlements involving a minor’s disputed injury claim. This process is commonly called a minor’s compromise.
The court reviews the proposed settlement and how the child’s proceeds will be handled.
Depending on the case, court-related expenses may include petition filing fees, document preparation costs, and other authorized expenses associated with obtaining approval.
The lawyer should explain whether these costs are included in the agreement or treated as additional case expenses.
Parents should also ask who prepares the court petition, whether a hearing may be required, and whether any costs will be deducted from the proposed settlement.
5 Costs to Clarify Before Signing a Child Injury Lawyer Agreement
Before hiring a lawyer for your child’s bicycle injury, use this worksheet to clarify who pays each expense and what happens if the case doesn’t recover compensation.
| Expense | Who Pays Upfront? | What Should I Ask Before Signing? |
|---|---|---|
| Attorney Fees | Usually no upfront fee under a contingency agreement. | What is the fee, how is it calculated, and is anything owed without recovery? |
| Case Expenses | The firm or family, depending on the agreement. | Who advances investigation, records, and expert costs? Must I approve them? |
| Medical Bills | The family, insurer, or another payer. | Who pays treatment bills, even if the case is unsuccessful? |
| Reimbursement Claims | Depends on the medical payments and applicable obligations. | Who reviews liens, and what might be repaid from a settlement? |
| Court-Related Costs | The firm or family, depending on the agreement. | Who pays filing and settlement-approval expenses? What happens without recovery? |
Before you sign: Ask the lawyer to show you the following:
- Where the written agreement addresses each applicable expense.
- Who advances the specific costs.
- Whether your approval is required.
- What happens if there is no recovery.
Take These Questions to Your Consultation
Keep a printable checklist of attorney fees, case expenses, medical bills, reimbursement claims, and court approval questions.
Download the Parent’s Cost Checklist (PDF).
Why Does the Order of Fee and Cost Deductions Matter?
The order of deductions affects how much money remains from your child’s settlement. Even when two lawyers charge the same contingency fee rate, their calculations may differ.
There are two common methods:
- Gross-Recovery Method: The attorney fee is calculated from the total settlement before case expenses are deducted.
- Net-Recovery Method: Case expenses are deducted first, and the attorney fee is calculated from the remaining amount.
Before signing, ask the lawyer for a sample breakdown showing attorney fees, case expenses, medical reimbursements, and the amount left for your child.
The final deductions depend on the written agreement and applicable costs. If court approval is required, a judge must also review the proposed distribution of your child’s settlement.
What Happens If the Child’s Injury Case Does Not Recover Compensation?
If your child’s injury case ends without compensation, you generally won’t owe the attorney’s fees under a contingency fee agreement. However, you may still be responsible for certain expenses, depending on the contract.
California Rule of Professional Conduct 1.8.5 allows lawyers to make repayment of advanced case costs dependent on recovery, but not all agreements follow this arrangement.
Before signing, ask the lawyer to clarify:
- Attorney Fees: Will you owe any fees if there is no recovery?
- Case Expenses: Must you repay advanced costs, such as expert fees or court filing expenses?
- Medical Bills: Will you remain responsible for your child’s treatment costs?
Don’t assume that “no attorney fees unless you win” means you won’t owe anything. Ask the lawyer to explain your potential obligations in the written agreement.
What Should Parents Do Before Signing A Child Injury Representation Agreement?
Before signing, parents should review the full agreement, clarify fees and expenses, and confirm which services the lawyer will handle.
California Business and Professions Code § 6147 sets requirements for written contingency fee agreements. Parents should also clarify how the lawyer will handle court approval of the child’s settlement.
Before signing, follow these steps:
- Request the complete agreement. Obtain the proposed contract and read it carefully.
- Identify every fee provision. Review the contingency rate, calculation method, and services covered.
- Mark the expense provisions. Find the terms addressing advances, reimbursement, and unsuccessful claims.
- Ask about medical bills. Identify known balances and possible reimbursement claims.
- Discuss expense authorization. Ask whether substantial costs require advance approval.
- Review court-approval responsibilities. Clarify who handles petitions, supporting documents, and related expenses.
- Request clarification in writing. Ask the lawyer to explain unclear terms before you sign.
A parent can also ask for a sample settlement breakdown. This can show how different deductions might affect the child’s remaining funds without implying that any recovery is guaranteed.
Ask Arash Law to Explain the Written Agreement
If your child was injured in a bicycle accident, understanding possible legal costs is part of deciding whether to hire an attorney.
Arash Law’s child injury attorneys can discuss your child’s circumstances and explain the firm’s actual proposed representation agreement.
During a free initial consultation, you can ask about attorney fees, litigation expenses, medical reimbursement issues, and potential court-approval requirements.
Call (888) 488-1391 to request a free case evaluation. Any fee or cost obligations would depend on the written agreement and applicable law.
Why Does a Child’s Injury Settlement Need Court Approval?
California courts generally require approval of a child’s injury settlement to protect the child’s interests. Under California Rule of Court 7.950, the court reviews the proposed settlement, usually through Judicial Council Form MC-350. Some cases may qualify for expedited approval under Rule 7.950.5.
What Does the Judge Review?
The judge reviews the settlement amount and proposed deductions, including:
- Medical bills and reimbursement claims.
- Attorney fees and case expenses.
- Repayment requests for costs already paid.
- The remaining money intended for the child.
The court determines whether the proposed settlement and deductions are appropriate rather than automatically approving every expense.
Can the Court Change the Attorney Fee?
Yes. Under California Rule of Court 7.955, the judge generally reviews whether the requested attorney fee is reasonable. The court may consider the lawyer’s work, the case’s complexity, the outcome, and the terms of the fee agreement. Signing a contingency fee agreement does not guarantee court approval of the requested fee.
Can Parents Decide How the Remaining Money Is Used?
Not always. The court determines how the child’s settlement funds must be protected and may restrict withdrawals.
Before signing a representation agreement, ask the lawyer where the remaining funds will be held, who can access them, and whether court approval is required to use them.
Frequently Asked Questions About Child Injury Lawyer Costs in California
Do Parents Have to Pay a Child Injury Lawyer Upfront?
Not necessarily. Under a contingency fee agreement, attorney compensation generally depends on obtaining a recovery rather than on collecting fees upfront.
However, the agreement determines how case expenses are handled. Parents should confirm whether any payments, deposits, or reimbursements may be required.
Can We Owe Case Expenses If Our Child’s Claim Is Unsuccessful?
Yes, depending on the written agreement. California permits lawyers to advance litigation costs and make repayment contingent on the outcome, but that arrangement is not automatic.
Ask whether you must repay advanced expenses if the claim produces no compensation.
Does the Lawyer Pay Our Child’s Medical Bills?
Hiring a lawyer does not automatically make the firm responsible for your child’s medical bills.
Medical treatment charges are separate from attorney fees and case expenses. Parents should ask how outstanding bills and possible insurance reimbursement claims will be handled.
Can Parents Negotiate Attorney Fees for a Child’s Injury Case?
Parents can discuss contingency fee terms before signing. California Business and Professions Code §6147 generally requires the agreement to explain the fee arrangement and, for ordinary personal injury matters outside the statutory exceptions, state that the fee is negotiable.
When fees are paid from a minor’s settlement, the court may also review their reasonableness under Rule 7.955.
Does Every Child Injury Settlement Require a Court Hearing?
No. California generally requires approval of qualifying minor settlements, but an in-person hearing is not required in every case.
Rule 7.950.5 provides an expedited approval process when its requirements are met. Parents should ask which procedure may apply and whether related expenses will be charged.
Can We Request Approval of Expensive Case Costs Before They Are Incurred?
Yes. Parents can ask the attorney to include a spending-approval procedure in the proposed agreement.
For example, you may request notice before substantial expert witness expenses are incurred. Whether such a condition is accepted depends on the parties’ agreement.
Will the Court Automatically Approve the Fee in Our Agreement?
No. When attorney fees require approval from a minor’s recovery, the court generally evaluates their reasonableness under California Rule of Court 7.955.
The court considers the representation agreement along with the relevant circumstances. Signing the representation agreement does not guarantee approval of the requested fee.
Understand the Financial Terms Before You Sign
After a child’s bicycle injury, your attention may be divided between medical appointments, insurance questions, and the possibility of legal action. A clear explanation of legal costs can help your family make decisions without adding unnecessary uncertainty.
Before signing a representation agreement, make sure you understand who advances expenses, what is subject to reimbursement, and how any proposed settlement would be reviewed. The lawyer should be able to explain the actual terms of the agreement in language you understand.
Arash Law offers free initial consultations for families considering legal representation after a child’s injury. Call (888) 488-1391 to discuss your situation and ask about the firm’s written fee and cost arrangements.
Sources
California Legislature — Business and Professions Code §6147. Requirements for written contingency fee agreements, fee disclosures, and the treatment of costs. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=6147.
The State Bar of California — Rule of Professional Conduct 1.8.5. Rules governing attorney payment and advancement of certain client-related expenses, including litigation costs. https://www.calbar.ca.gov/legal-professionals/rules/rules-professional-conduct/current-rules-professional-conduct/chapter-1-lawyer-client-relationship
Judicial Council of California — California Rule of Court 7.950. Requirements for petitions seeking approval of compromises involving minors. https://courts.ca.gov/cms/rules/index/seven/rule7_950
Judicial Council of California — California Rule of Court 7.950.5. Requirements for expedited approval of qualifying minor settlements. https://courts.ca.gov/cms/rules/index/seven/rule7_950_5
Judicial Council of California — California Rule of Court 7.955. Standards for determining reasonable attorney fees payable from a minor’s recovery. https://courts.ca.gov/cms/rules/index/seven/rule7_955
California Courts — Judicial Council Form MC-350. Petition requiring disclosure of settlement amounts, medical expenses, attorney fees, other costs, and proposed distribution of proceeds. https://selfhelp.courts.ca.gov/jcc-form/MC-350
Disclaimer
A consultation does not guarantee compensation or establish that the firm will cover every potential expense.
This content is for general educational purposes only and does not constitute legal advice. Laws, fee agreements, and court procedures may apply differently depending on the facts of a particular case. Reading this article or contacting the firm does not establish an attorney-client relationship. Consult a licensed California attorney for advice about your child’s circumstances. Past case results do not guarantee future outcomes.
Arash Law — (888) 488-1391
