Even if the case is not successful, a contingency fee lawyer who accepts a traumatic brain injury case is only paid if there is a recovery. Additionally, a lawyer will advance the expenses for the lawsuit. The expenses can include the court filing fee and expert witness fees, as well as medical records. If there is no recovery, the lawyer does not get paid any fee, and the attorney loses the money they spent for the expenses. Given this payment scenario, most lawyers will not take a case unless they believe there is a good likelihood of making a recovery.