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FedEx accident lawyer: a complete guide

One company name covers several very different operations. The express division has historically used its own employees. The ground division has used contracted businesses since it was founded, and those businesses employ the drivers. Which one was involved decides who you sue, what insurance responds, and how hard the case is. Unusually for a delivery brand, there is also real appellate law on exactly this question.

Jump to a section
The first question
Which division
Express, ground, or freight. One logo, but materially different employment arrangements behind it.
What makes this page different
There is case law
Federal appellate courts have decided whether these drivers are employees under three states' law. Most delivery brands have no such record.
The 2014 holding
Employees
The Ninth Circuit held a class of ground drivers were employees as a matter of law, twice, in two states.
What changed after
The contract
The contracting model was restructured. Reporting ties that change directly to the classification litigation.

Key takeaways

  • One brand, several operating companies. The express side has historically used employees driving company vehicles. The ground side has used contracted businesses since its origins, and those businesses employ the drivers and own the vehicles.
  • Three federal appellate decisions have addressed driver classification, applying the law of three different states. In 2014 the Ninth Circuit held ground drivers were employees as a matter of law under California law, and reached the same result under Oregon law the same day. In 2015 the Eleventh Circuit revived a similar claim under Florida law.
  • The contracting model was then restructured. Industry reporting describes a shift to a service provider model requiring contractors to run multiple routes at scale, and ties that change directly to the classification litigation.
  • Restructuring does not settle vicarious liability. Those decisions were about employment rights, not crash liability, and a newer contract does not stop a court examining how the work is actually directed.
Editorial content, not legal advice

This guide is written and reviewed by our editorial team to be accurate and current. It is general information, not legal advice, and reading it does not create an attorney-client relationship. Court decisions are cited to the reported opinions. Descriptions of operating structure come from industry reporting rather than company documents, are given in general terms, and change over time. Nothing here asserts that any company is liable for anything. If you are facing an emergency, call 911.

01 What this kind of lawyer does

Quick answer

A fedex accident lawyer works out which operating division and which employer stood behind the vehicle, then decides whether the case runs on ordinary employer liability or has to be built on control. Those are very different pieces of work, and getting the answer wrong at the start costs months.

Our delivery vehicle guide covers the general principle across all the major carriers, and our truck accident guide covers heavy tractor trailers. This page is about one company's particular structure and the litigation it has produced.

Identifying the division and the employer. The vehicle, the markings and the paperwork usually answer it, and the answer determines everything downstream.

Reading the case law properly. There are real appellate decisions here, but they are about employment rights rather than crash liability, and a lawyer who overstates them will be corrected quickly.

The gist

If you have been told the driver worked for a contractor, that may well be accurate and it is still not the end of the analysis. We can help you find a lawyer when the facts support it, and say so plainly when they do not.

Bottom line: establish the division first. An employee case and a contractor case look nothing alike, and only one of them needs a control argument.

02 Which division was it

Quick answer

Broadly there are three operations behind the one brand. The express operation has historically used its own employees driving company vehicles. The ground operation uses contracted businesses that employ the drivers and own the vehicles, split between local delivery routes and long distance linehaul. The freight operation moves palletized freight on heavy vehicles and is structured differently again.

Establishing which one applies is the first task in any fedex truck accident claim. A small van on a residential street and a tractor trailer on an interstate are not the same case even under the same logo.

Operating divisions and what each generally means for a claim
OperationWho generally employs the driverWhat it means for the claim
ExpressThe company itself, historicallyThe most straightforward. Ordinary employer liability for an employee acting in the course of employment
Ground, local deliveryA contracted service provider businessThat business is directly liable. Reaching the parent requires establishing control
Ground, linehaulA separate category of contractorA heavy vehicle case, so the federal carrier rules apply alongside the contractor analysis
FreightStructured separately againPalletized freight on heavy vehicles. Treat as a commercial trucking case first

Swipe the table sideways to see every column.

The vehicle usually tells you

Photograph the vehicle type and every marking on it. A van on a residential round, a tractor trailer at a hub, and a straight truck carrying pallets belong to different parts of the business with different employment arrangements. Contracted businesses frequently display their own trading name in small type alongside the branding, and that name identifies your direct defendant.

A fleet of vehicles parked in rows on a depot lot
One brand
Several employers behind it.

03 Do you need a lawyer?

Quick answer

Anyone injured by one of these vehicles should get advice, and the reason is that the answer depends entirely on facts you cannot easily establish yourself. Which division, which employer, what the contract says, and what the route data shows are all matters that require a lawyer with subpoena power to determine.

Some situations resolve without litigation and a decent firm will tell you so. Here is a straightforward way to see which side of the line you are on.

Legal help almost certainly matters if

  • Anyone was injured seriously enough to need hospital care.
  • You have been told the driver worked for a contractor rather than the brand.
  • A tractor trailer or heavy straight truck was involved.
  • The insurance details name a company you have never heard of.
  • An offer has arrived quickly and appears to reflect a single policy.

It may be simpler than you think if

  • There were no injuries and only minor vehicle damage.
  • The insurer has accepted responsibility in writing and paid in full.
  • Your costs are fully covered and nothing is being disputed.
  • You were not involved and suffered no loss.
Illustrative example

A motorcyclist is hit by a branded van on a residential road. The adjuster who calls represents a service provider business operating that route under contract. The offer reflects that company's policy. Nobody has established which division the route belonged to, what operating standards the contract imposed, or what the scan and route data recorded that morning.

Not sure which company was actually behind the vehicle? A private review can establish it.

You can start a free case review whenever you are ready. There is no cost, no obligation, and if your situation does not call for a lawyer we will tell you that directly.

04 The contractor model, and why it changed

Quick answer

The ground operation has used contracted businesses rather than employee drivers since its origins in a package company acquired around 2000. That model was restructured in recent years so that local delivery contractors must operate multiple routes at a defined scale rather than a single route. Industry reporting attributes the change directly to the litigation over whether drivers were employees.

That history matters to your case for a specific reason. The restructuring was designed to make the contracting relationship look more like a genuine arms length business arrangement, which is exactly the question a court asks when deciding whether the parent can be reached.

  • Contracting from the start. The ground business has used contractors rather than employee drivers since its founding as a separate package network, which distinguishes it from the express side.
  • Local and long distance are separate. Local delivery contractors and long distance linehaul contractors sit under different designations and were restructured on different timetables.
  • Scale requirements. Reporting describes the current local delivery model as requiring contractors to run a minimum number of routes or daily deliveries rather than operating a single route.
  • Obligations flow down. Contractors are described as responsible for their own vehicles, driver hiring and training, insurance and federal compliance, while operating to standards the contract sets.
Where this description comes from

The contracts are private and we have not seen one. The account above is drawn from route brokerage and industry sources that work in this market, cross-checked for consistency, and it is deliberately stated in general terms. Arrangements differ by region and change over time. The only reliable account of the structure behind your crash is the actual agreement, obtained in your own case.

A white commercial vehicle traveling along an open road
The record
Three decisions, one question.

05 What the courts have held

Quick answer

Three decisions, from two circuits, applying the law of three states. In 2014 the Ninth Circuit held that a class of roughly 2,300 California ground drivers were employees as a matter of law, and reached the same conclusion under Oregon law in a companion case decided the same day. In 2015 the Eleventh Circuit revived a similar Florida claim, holding there was a genuine dispute of fact. All three reversed rulings that had favored the company.

This is the material difference between this page and every other delivery brand guide on this site. Here there is an actual appellate record about these drivers, and it is worth reading carefully rather than being waved at.

The leading decision
Employees as a matter of law under the right-to-control test
Alexander v. FedEx Ground Package System, Inc., 765 F.3d 981 (9th Cir. 2014)

The court described the arrangement in terms worth quoting: the drivers had to wear the company's uniforms, drive company-approved vehicles and groom themselves to its appearance standards, and the company told them what packages to deliver, on what days, and at what times. An operating agreement nonetheless stated that the manner and means of reaching the parties' business goals were within the driver's discretion. The Ninth Circuit held the plaintiffs were employees as a matter of law under California's right-to-control test, reversing the grant of summary judgment to the company and remanding with instructions to enter summary judgment for the drivers on employment status. Read the opinion

The companion and the follow-on
The same result in Oregon, and a revived claim in Florida
Slayman, 765 F.3d 1033 (9th Cir. 2014); Carlson (11th Cir. 2015)

Slayman was decided the same day and reached the same conclusion applying Oregon law, which matters because it shows the outcome was not a quirk of California's test. The following year the Eleventh Circuit in Carlson reversed a summary judgment for the company and held there was a genuine issue of material fact as to whether the drivers were employees or independent contractors under Florida law. Taken together these decisions came out of a multidistrict litigation that consolidated driver classification claims from many states.

06 Where that leaves your case

Quick answer

The classification decisions help your case, but less than they first appear to. They were about employment rights, not about who answers for a crash, and they construed contracts that have since been replaced. They are strong support for the proposition that a contractor label does not settle the question. They are not a ruling that the parent is liable for your collision.

Being clear about that distinction is the difference between a case built properly and one that collapses at the first motion. Three points are worth holding onto.

  • Employment status and vicarious liability are different questions. They overlap, because both examine control, but a finding in a wage case does not automatically transfer to a tort claim.
  • The contracts have changed. The agreements those courts examined are not the agreements in force now, and the restructuring was designed with these decisions in mind.
  • The reasoning still applies. What survives is the approach: courts look at what actually happened on the road rather than what the paperwork calls it. That approach is what your case has to satisfy on its own facts.
Be careful how these cases are used

Any firm that tells you a 2014 employment decision means the parent company is automatically liable for your crash is overselling it. The opposing argument is straightforward and will be made immediately: different legal question, different contract, decided over a decade ago. The decisions are genuinely useful, and they are useful as a framework for the evidence you gather rather than as a shortcut around gathering it.

07 The evidence that decides it

Quick answer

The contract between the parent and the contracting business, the route assignment for that day, scan and delivery timestamps, any telematics or monitoring output, operating standards imposed by the agreement, the driver's qualification file, and the insurance declarations for every entity involved.

In a fedex truck accident matter the split is unusually clean: the contractor holds the driver records, and the parent holds nearly everything about how the work was directed.

Evidence in a contracted delivery case, who holds it and what it establishes
EvidenceUsually held byWhat it establishes
The operating agreementThe parent companyWhat standards were imposed, and therefore the baseline degree of direction
Route and scan dataThe parent companyWhat was expected that day and what actually happened, minute by minute
Telematics and monitoringWhichever party installed itSpeed, braking and behavior around the time of the crash
Driver qualification fileThe contracting businessHiring, licensing, training and any prior incidents
Vehicle maintenance recordsThe contracting businessWhether the vehicle met the standards the contract required
Insurance declarationsBothWhat policies exist and whether the parent is an additional insured on the contractor's

Swipe the table sideways to see every column.

Where a heavy vehicle was involved, the federal carrier rules add another layer: hours of service records, driver qualification requirements, and inspection and maintenance files that a commercial carrier is obliged to keep. Those obligations attach regardless of how the contracting relationship is structured.

A driver in a red jacket standing beside a parked delivery van
At the scene
Ask who employs them. Write it down.

08 What to do after the crash

Quick answer

Photograph the vehicle type and every marking including any secondary company name, ask the driver who employs them and write the answer down, get medical attention the same day, decline recorded statements, and get preservation demands out to both the contractor and the parent within days.

The step that matters most here is the first one, because the vehicle itself usually identifies the division, and the division determines what kind of case you have.

1

Photograph the vehicle and every name on it

The type of vehicle, the branding, and separately any smaller company name on the door or rear. A van, a straight truck and a tractor trailer point to different parts of the business.

2

Ask who employs the driver

Politely, and write down exactly what is said. If they name a business you have never heard of, that company is your direct defendant and the answer has just saved you weeks.

3

Get checked the same day

Delivery vehicles are heavy and often strike at low speed in places people do not expect. Get seen even if you feel able to walk away, because a same day record is what ties a later symptom to this collision.

4

Note the USDOT number if there is one

Heavier commercial vehicles display one. It identifies the operating carrier in federal records and is worth photographing even if you do not know what it means yet.

5

Decline recorded statements

Expect calls from more than one insurer here, because the contracting business and the parent may both have cover. You are not required to speak to any of them, and an early account is easily used to fix the case on the smaller policy.

6

Get preservation demands out to both companies

To the contracting business and to the parent, covering the operating agreement, route and scan data, monitoring output, driver file and maintenance records.

09 Deadlines and vanishing data

Quick answer

The statute of limitations is set by state law and is commonly two years, though some states are shorter. Two earlier deadlines usually matter more: route and scan data sits on short commercial retention cycles, and where a heavy commercial vehicle was involved, federal record retention periods are measured in months.

Contractor turnover is also a real risk in this sector. A service provider business that ceases trading takes its driver files, its maintenance records and its policy with it.

  1. Days 1 to 14

    Preservation demands should land

    To the contracting business and the parent. Until one arrives, ordinary retention schedules govern everything.

  2. Weeks 1 to 12

    Operational data cycles

    Route assignments, scan timestamps and any monitoring output sit on retention periods set for running a network, not for litigation.

  3. Months 1 to 12

    Federal records reach their retention limits

    Where a heavy commercial vehicle was involved, driver logs and inspection records are kept for defined periods and then lawfully destroyed.

  4. Year 1 to 2

    The filing deadline arrives

    Two years is the most common period. By this stage the operational and federal records that would have shown how the route was directed have usually gone.

Bottom line: the filing deadline is the last clock to run out, not the first. Everything that would prove control expires long before it.

10 How state law changes the answer

Quick answer

State law changes the answer substantially, and the case law on this page illustrates it directly. The same contracting arrangement produced an employee finding under California law, the same result under Oregon law, and a finding in Florida that the question had to go to a jury rather than being decided outright. Three states, three different routes to a similar place.

That is a useful reminder that the test itself varies, and that where your crash happened may matter as much as what happened.

  • California. The right-to-control test applied in the 2014 decision, and separately the statutory ABC test now used for classification questions, both make a contractor label harder to sustain.
  • Common law control states. Most states weigh a list of factors, which makes the documentary record about routing, standards and monitoring decisive.
  • Jury or judge. As the Florida decision shows, some states treat classification as a fact question for a jury where the evidence is genuinely disputed, which changes the strategy considerably.
  • Shared fault. Most states reduce recovery by your share. A minority bar it entirely once that share crosses a threshold.
Workers collaborating over documents at a work site
Choosing counsel
Ask how they read the 2014 cases.

11 How to choose a fedex accident lawyer

Quick answer

Look for a firm that establishes the division before anything else, can explain what the 2014 decisions do and do not decide, names the documents it will demand, sends preservation demands to both companies, and has the resources to litigate against a national defendant.

A useful test is to ask how they would use the appellate cases. A firm that says those cases prove liability has misread them. A firm that says they set the framework and the evidence has to do the rest has read them properly.

  • They establish the division first. Express, ground local, ground linehaul or freight, before discussing anything else.
  • They read the case law accurately. Employment decisions that inform the analysis, not a shortcut to liability.
  • They name the documents. The operating agreement, route and scan data, monitoring output, driver file, maintenance records.
  • Commercial vehicle capability. If a heavy vehicle was involved, the federal rules apply and the firm needs to know them.
  • An active, clean license. Verified good standing with the state bar and no unresolved discipline. You can check this yourself.

12 Questions to ask, and red flags

Quick answer

Ask which division and which employer were involved, how the firm intends to use the classification decisions, what documents are being demanded and by when, whether the parent may be an additional insured, what your state's test is, and what the fee agreement says about costs if you lose.

A consultation goes both ways. Pay attention to whether the answers are specific or evasive.

  1. Which division was this, and who actually employed the driver?
  2. How do the 2014 and 2015 appellate decisions help us, and where do they stop?
  3. What documents are you demanding, and what is the deadline for each?
  4. Is the parent an additional insured on the contractor's policy?
  5. If a heavy vehicle was involved, what federal records apply?
  6. Does my state decide classification as a matter of law or send it to a jury?
  7. What is your contingency percentage, and who pays costs if we lose?
  8. What are the genuine weaknesses in my case?
Walk away if you hear

The courts already decided these drivers are employees. That overstates decade-old employment cases about superseded contracts. No interest in which division was involved. It is the first fact that matters. No plan for the route data. It is the best evidence and it is perishable. A promised number. Nobody can value this before knowing which companies are in the case. Anyone who contacts you first. Unsolicited approaches to crash victims are restricted in most states for good reason.

How we vet every lawyer

We do not connect people with just anyone. Before we do, the attorney has to clear a checklist built for commercial vehicle cases. Every one of these has to be true.

  • Active, discipline-free license

    Verified good standing with the state bar, with no unresolved discipline on record.

  • Commercial vehicle experience

    A documented record litigating against carriers, contractors and their insurers, not general practice work.

  • Moves fast on digital evidence

    Preservation demands to every entity involved, covering route and monitoring data, as a first step.

  • Clear contingency terms

    Fees and case costs put in writing up front, so you know exactly how it works before signing.

Tell us what happened and we will only match you when a case genuinely fits.

Help in all 50 states

MVA Lawyer Network is a nationwide guide. Wherever the crash happened, we can connect you with an independent attorney licensed in that state.

Northeast Southeast Midwest Southwest West Coast Mountain West Gulf States Interstate freight corridors

State law decides whether a contractor label survives, whether classification is settled by a judge or left to a jury, how fault is apportioned among several companies, and the filing deadline known as the statute of limitations. The appellate decisions discussed on this page came out of California, Oregon and Florida and reached related but distinct conclusions, which is a direct illustration of why the state matters. You can start a free case review and a local, state-licensed attorney will sort this out at no cost to you.

Sources and authorities

The court decisions on this page are cited to the reported opinions. The description of operating structure is not, and the difference is stated below rather than blurred.

Court decisions

  • Alexander v. FedEx Ground Package System, Inc., 765 F.3d 981 (9th Cir. 2014). Source of the holding that a class of approximately 2,300 California drivers were employees as a matter of law under the right-to-control test, of the description of uniform, vehicle and appearance requirements, and of the operating agreement language about manner and means. FindLaw.
  • Slayman v. FedEx Ground Package System, Inc., 765 F.3d 1033 (9th Cir. 2014), the companion decision reaching the same conclusion under Oregon law.
  • Carlson v. FedEx Ground Package System, Inc., No. 13-14979 (11th Cir. May 28, 2015), reversing summary judgment for the company and holding there was a genuine issue of material fact as to whether the drivers were employees or independent contractors under Florida law.
  • These appeals arose from proceedings in which driver classification claims from a number of states were consolidated for pretrial handling. We have not cited that consolidated proceeding by formal case name because we have not verified it against the docket.

On the operating structure. Sections 02 and 04 describe how the divisions and the contracting model generally work. That account is drawn from route brokerage and logistics industry sources that operate in this market and was cross-checked for consistency between them. It is not taken from any company document, we have not seen a contract, and it is deliberately general. Structures differ by region and change, and the corporate arrangement of the freight business in particular has been subject to announced change, so this page does not assert its current status.

On what the case law does not do. The decisions cited above concern employment status for the purposes of employment law claims. They are not rulings that the parent company is vicariously liable for any road traffic collision, they construed agreements that have since been superseded, and the most recent of them was decided in 2015. This page cites them for the reasoning courts apply to contractor labels, which remains good law, rather than for any conclusion about liability in your case.

Our editorial standards

How we keep this guide accurate and worth trusting.

01

Sources named, and their limits stated

Court decisions cite the reported opinion. Where a claim rests on industry reporting instead, we say so.

02

Reviewed and dated

The page shows when it was last reviewed. Contractor liability law is moving quickly and this page is checked often.

03

Editorial, not legal advice

This is general information to help you make decisions, not advice about a specific case in a specific state.

04

Honest about how we operate

We are an independent referral service, not a law firm, and we may be paid a referral fee by the attorney if you hire through us.

Michael Mangione, Legal Research Editor
Michael Mangione Verified editor
Legal Research Editor · Founder, The Mangione Group, Inc.

MVA Lawyer Network is edited by Michael Mangione, who has spent more than twelve years working inside contingency-based law firms, building intake departments, designing qualification frameworks, and studying how claims are screened and pursued from the first call through resolution. He built this site to turn dense legal material into guidance people can actually use, then connect them with a lawyer worth their time. Michael is not a practicing attorney and does not give legal advice. Every statement on this site is sourced, and where a source is secondary we say so.

Common questions, answered

General information, not legal advice. Classification law differs considerably between states and has moved since these decisions, so talk to a licensed attorney about your own situation.

Can I sue the company whose logo was on the vehicle?

It depends which operation was involved. Where the driver was a direct employee, ordinary employer liability applies and the claim is straightforward. Where a contracted service provider employed the driver, that business is directly liable and reaching the parent means establishing that it controlled how the work was performed. The vehicle type and markings usually indicate which situation you are in.

Did courts really rule these drivers were employees?

Yes, in specific circumstances. In 2014 the Ninth Circuit held in Alexander that a class of roughly 2,300 California ground drivers were employees as a matter of law under the right-to-control test, and reached the same conclusion under Oregon law in Slayman the same day. In 2015 the Eleventh Circuit revived a Florida claim. All three reversed rulings that had favored the company.

Does that mean the parent company is liable for my crash?

No, and it is important to be clear about it. Those were employment law cases about wages and expenses, not tort claims about collisions. They also construed operating agreements that have since been replaced. What survives is the reasoning: a contractor label does not decide the question, and courts examine what actually happened rather than what the paperwork says. Your case still has to prove its own facts.

What is the difference between the express and ground operations?

Employment structure, principally. The express operation has historically used its own employees driving company vehicles, which makes a claim against the company straightforward. The ground operation has used contracted businesses since its origins as a separate package network, and those businesses employ the drivers and own or lease the vehicles. That is the single most consequential distinction for your claim.

What changed about the contractor model?

Industry reporting describes a restructuring of local delivery contracting so that a contractor must operate multiple routes at a defined scale rather than a single route, and attributes that change to the litigation over driver classification. Long distance linehaul contracting sits under a separate designation and was handled differently. We have not seen the agreements themselves, so this page describes the change in general terms only.

The driver said they work for a company I have never heard of.

That is the expected answer on the ground side rather than a surprise. Local routes are run by contracted businesses that employ the drivers and carry their own commercial insurance. That business is your direct defendant. Whether the parent can also be brought in is the separate question, and it usually determines how much insurance is ultimately available.

What if a tractor trailer was involved rather than a van?

Then you have a commercial trucking case as well as a contracting question. The federal carrier rules apply: hours of service records, driver qualification files, and inspection and maintenance records all become relevant, and they are kept for defined periods before being lawfully destroyed. Long distance linehaul work is also contracted under a different designation from local delivery.

What evidence matters most?

In a fedex truck accident claim the key documents are the operating agreement, the route assignment for that day, scan and delivery timestamps, any telematics or monitoring output, the driver qualification file and the vehicle maintenance records. The split is unusually clean: the contractor holds the driver and vehicle records, and the parent holds nearly everything showing how the work was directed. Preservation demands need to go to both.

How much insurance is there?

It depends on the structure and the vehicle. A contracting business carries its own commercial auto cover, and contracts of this kind commonly require the parent to be named as an additional insured, which can make that policy available for claims against the parent as well. Heavier commercial vehicles are subject to federal minimum financial responsibility requirements that lighter vans may not be.

How quickly do I need to act?

Faster than the filing deadline suggests. The statute of limitations is commonly two years depending on your state, but route and scan data sits on commercial retention cycles measured in weeks, and federal records for heavy vehicles are kept for defined periods and then destroyed. Preservation demands to both companies are the first practical step.

Should I accept an offer from the contractor's insurer?

Not without advice. A release given to the contracting business may extinguish claims against the parent and anyone else connected to the route. Where injuries are serious, an early offer at or near a single policy limit is frequently the moment most of the available compensation is quietly lost. Establish which companies are reachable before signing anything.

What does a lawyer cost?

These cases are handled on a contingency fee, commonly 33 to 40 percent of what is recovered, set out in the written agreement. You pay nothing up front and no hourly rate, and the firm advances case costs. Ask what happens to those advanced costs if the case is lost, and ask whether the firm has litigated against a national delivery defendant before, because these matters are defended hard.

Is what I tell you private?

Yes. What you share in a case review is kept private and is used only to match you with an attorney who fits your situation. One distinction is worth understanding: true legal confidentiality, called attorney-client privilege, only attaches once you actually have an attorney-client relationship with a lawyer. Submitting a form to a referral service is not the same thing. If that matters to you, raise it directly with the attorney.

What does it cost to use MVA Lawyer Network?

Nothing. We are a free, independent referral service, not a law firm, and we do not give legal advice. Requesting a case review costs you nothing and puts you under no obligation. When a situation fits, we connect you with an independent fedex accident lawyer who reviews it directly, and we may be paid a referral fee by that attorney. That fee does not add anything on top of their contingency percentage. You can read more about how we operate.

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