What Percentage Do Personal Injury Lawyers Get?

If you’ve been injured in an accident, you need to understand exactly how personal injury lawyer fees work before you sign any agreement. Personal injury lawyers typically charge between 25% and 40% of your settlement under a contingency fee arrangement. Knowing this upfront is important because it helps you prepare for how much you’ll actually take home, while also ensuring you’re working with a lawyer who’s motivated to maximize your compensation.

At Saeedian Law Group, we understand the financial stress that comes with an accident, which is why we work on contingency – no attorney fees unless we win. With over 10 years of experience, our personal injury attorneys ensure you keep more of your settlement while we fight for the maximum compensation you deserve. Schedule a free consultation with us today and learn how we can protect your best interests.

In this guide, we’ll break down how contingency fees work, what percentage personal injury lawyers usually charge, hidden costs to watch out for, and how you can negotiate a fair agreement with your attorney.

How Personal Injury Lawyer Fees Are Structured

Personal injury lawyer fees are most often structured on a contingency fee basis. A contingency fee is a type of payment arrangement between a lawyer and a client, where the lawyer is only paid if they win the case or secure a settlement.

This means that instead of charging you by the hour, the attorney takes a percentage of the money you win. If you do not recover money through a settlement or verdict, you usually don’t owe the lawyer’s legal fees. This arrangement makes legal help more accessible for people who cannot afford to pay upfront.

The goal of a contingency fee agreement is to strike a “win-win” deal for both the plaintiff and the attorney. For example, the compensation for car accident victims should be able to cover medical bills, lost wages, pain and suffering, and other damages. At the same time, when the settlement money arrives, the car accident lawyer’s payment should be a fair compensation for their hard work during the case settlement or judgment.

What Percentage Do Personal Injury Lawyers Get?

The typical percentage for personal injury lawyer fees is between 25% to 40% of the settlement amount. Most personal injury lawyers charge about 25% if the case settles quickly, about 33% if a lawsuit is filed but the case is resolved before trial, and around 40% if your case goes to trial.

For instance, if you win $100,000 before trial, the lawyer might take $33,000 as their fee. If you receive the settlement after a trial, the attorney’s fee would be about $40,000. The fees for settlements or court awards after trials are higher, as trials require more work, time, and higher costs.

In some cases, the percentage depends on how far the case progresses. This method is known as a sliding scale agreement. Under this system, the percentage might be 25% if the case settles quickly, 33% if it settles after more work, and 40% if it goes all the way to trial. The exact percentage can also depend on state laws, the complexity, or the law firm’s policies.

The contingency fee structure encourages lawyers to fight hard for the best possible outcome, since their pay depends on how much they recover for you. It also gives clients peace of mind that they won’t be left with big legal bills if the case is not successful.

It’s important to remember that there are other expenses separate from fees. These expenses may include filing fees, expert witness costs, medical records, or investigation costs. They are usually taken out of the settlement after the lawyer’s percentage is deducted. For example, if you win $100,000, and the lawyer takes 33% ($33,000), and the case expenses are $5,000, you would take home $62,000.

Flat Fees vs Hourly Fees

While contingency fees are the most common in personal injury cases, many personal injury attorneys may use flat fees or hourly rates in specific situations. A flat fee is a set amount of money paid for a particular service, regardless of the time it takes. This is rare in personal injury cases but might apply for very simple tasks, such as drafting a demand letter or reviewing settlement documents. For example, a lawyer might charge $1,500 to handle a straightforward claim that doesn’t require court action.

An hourly rate means the lawyer bills you for every hour they work on your case. Hourly fees can range widely depending on experience and location, often between $150 and $500 per hour. An hourly fee arrangement is more common in business disputes, contract reviews, or family law. But some personal injury attorneys may use it if the case seems uncertain or too small to justify contingency legal representation.

Compared with these options, contingency fee arrangements are usually more client-friendly in a personal injury claim. They remove the need for upfront payments and shift the financial risk to the lawyer, since they only get paid if you win. Flat or hourly fees, on the other hand, require clients to pay out of pocket, no matter the outcome, which can be costly in long or complex cases.

How Contingency Fees Are Calculated in Personal Injury Cases

Understanding how contingency fees are calculated is important because it shows you exactly how much of your settlement you will actually take home. Additionally, this understanding makes it easier to make informed decisions, avoid surprises, and compare different fee agreements before signing a contract. Here is how the calculation usually works.

1. Start with the total compensation. This is the gross amount before anything is deducted. For example, if your settlement is $100,000, that’s the starting point.
2. Apply the agreed percentage. The lawyer’s fee is set in your contract. As discussed earlier, it’s often around 33% (one-third) for cases settled before trial, and up to 40% if the case goes to trial or appeal. For instance, if the agreed fee is 33%, the lawyer would take $33,000 from a $100,000 settlement.
3. Deduct case expenses. In addition to the lawyer’s percentage, expenses like court filing fees, medical record costs, or expert witness fees must be paid back to the firm. These are usually taken from the settlement after the lawyer’s fee.
4. Pay medical liens or reimbursements (if any). Sometimes, part of the recovery must go to medical providers, insurance companies, or government programs (like Medicare or Medicaid) that covered your treatment. These payments are deducted before you receive your final share.
5. Calculate the client’s net recovery. What remains after fees, expenses, and liens is the amount you take home. Applying the above calculation in our example:
   • Total recovery: $100,000
   • Lawyer’s fee (33%): $33,000
   • Case expenses: $5,000
   • Medical lien: $10,000
   • Net settlement: $52,000

What Factors Affect Personal Injury Attorney Fees?

The percentage a personal injury attorney charges is not always the same. Several factors can influence how much you pay, and understanding them helps you know what to expect before signing an agreement. The main factors include:

• The stage of the case: Most personal injury lawyers’ fees often depend on how far your case goes. If it settles quickly before a lawsuit is filed, the fee might be around 25–33%. If it goes into litigation or trial, the percentage may rise to about 40% because the lawyer must invest more time, prepare witnesses, handle depositions, and appear in court.
• Case complexity: Simple cases, like a minor car accident with clear liability, may involve faster resolutions, hence, lower fees. In contrast, complex cases, or claims that involve multiple parties, require more research, expert testimony, and resources. These often justify a higher percentage or additional costs.
• State laws and fee caps: Some states limit how much a lawyer can charge in personal injury or medical malpractice cases. For example, Section 6146 of the California Business and Professions Code stipulates the contingency fee limits specifically for claims against a healthcare provider in California. According to the section, attorneys are prohibited from charging more than 25% of the settlement amount if the recovery happens before a civil complaint is filed. If the compensation is recovered after a civil complaint is filed, the contingency fee limit is 33% of the recovery amount. If the claimant’s attorney believes there’s a justifiable reason to charge above these limits, they have to file a motion with the court.
• Law firm policies: Different firms have different fee structures. Large firms with more resources may charge higher percentages, while smaller firms might be more flexible. It’s always best to confirm your attorney or law firm’s policy before you sign any agreement.
• Negotiation and client agreement – Finally, fees are usually negotiable before you sign the agreement. Some personal injury lawyers are willing to adjust their percentage based on case details, the potential settlement size, or the client’s financial circumstances.

What Are the Hidden Costs in Personal Injury Cases?

As you learn about the attorney fees, it’s important not to overlook the extra costs that can reduce your final settlement. Some of these costs are not always obvious at the start of the case, yet they play a big role in how much money you actually receive.

Such costs include court filing fees, medical record and report fees, expert witness fees, deposition and transcription costs, investigation costs, travel expenses, mediation or arbitration fees, liens, and reimbursements. Most law firms advance these expenses during the case, but they are reimbursed from your settlement once you win or settle.

For example, if your gross recovery is $100,000, your lawyer takes 33% ($33,000), and case expenses are $10,000, you only receive $57,000 before paying any liens. So, understanding these hidden costs helps you set realistic expectations and ask the right questions before signing a fee agreement.

How to Negotiate the Percentage With a Personal Injury Lawyer

Attorney fees are usually negotiable in personal injury cases. While contingency fee agreements usually range between 33% and 40%, you may be able to lower the percentage or adjust the terms if you discuss them upfront. Here are pro tips to make your negotiations favorable.

1. Highlight the strength of your case – If your case is straightforward, it may require less work from the lawyer. Pointing this out could give you leverage to request a slightly lower fee percentage since the risk for the lawyer is smaller. Moreover, the more likely you are to win, the higher the attorney’s chances of getting paid in a contingency fee arrangement.
2. Compare multiple attorneys – Consulting with more than one lawyer helps you understand the local market rates. If one attorney quotes 40% and another offers 33%, you can use that information to negotiate.
3. Balance fee percentage with experience – A lower fee is attractive, but it does not automatically mean the best deal. For example, an experienced attorney who charges 40% might win you a larger settlement than a less experienced lawyer charging 30%. When negotiating, consider both the percentage and a lawyer with a strong track record.
4. Clarify which costs are included or excluded – It’s important to ask whether case expenses, like fees for obtaining medical records or expert witnesses, are deducted before or after the lawyer calculates their percentage. This detail can make a big difference in what you take home. A lawyer’s fee based on the net recovery (after costs) is usually more favorable to the client than one based on the gross recovery.
5. Request a fee cap or maximum percentage limit – You can also ask the attorney to set a cap on their fee. For instance, no matter how complex the case becomes, the lawyer agrees not to charge more than 35% of the recovery. A cap provides peace of mind and prevents the fee from climbing too high if your case drags into trial or appeal.
6. Ask about costs and expenses – Even if the lawyer won’t lower their percentage, you can sometimes negotiate how court fees and other expenses are handled. For example, you might request that the firm absorb small administrative costs instead of billing them separately.
7. Put everything in writing – Any agreement you reach should be clearly stated in the retainer contract before you sign. This avoids misunderstandings later and ensures you know exactly how the fee will be calculated.

How to Find an Experienced Personal Injury Lawyer

The personal injury lawyer you work with can influence whether you will win or lose your case. However, finding the right personal injury attorney is about more than just percentages and fees. It’s about choosing a lawyer with the skill, dedication, and experience to fight for your best interests.

First, look for an attorney specialized in personal injury law. Remember that some lawyers focus on family law, business law, or other areas. So, you’ll want a lawyer who specializes in personal injury because they know the laws, processes, and tactics specific to these cases. Check if the attorney regularly handles cases like car accident cases, slip-and-falls, medical malpractice, premises liability, etc.

Secondly, review their experience and track record. Ask how many years the attorney has been practicing and what kinds of personal injury cases they’ve handled. A lawyer with a strong record of settlements and verdicts in cases similar to yours will likely be better equipped to secure a fair outcome.

In addition, ask about their trial experience. Many personal injury cases settle without trial (only about three percent go to court), but sometimes a trial is necessary. A lawyer with trial experience may have stronger negotiating power with insurance companies since insurers know they are ready and willing to go to court if needed.

Furthermore, check client reviews and testimonials. Online reviews, testimonials, and ratings on trusted sites can give you insight into how past clients felt about working with the attorney. Look for comments about responsiveness, professionalism, and results.

Moreover, understand fees and costs upfront. Most personal injury lawyers work on a contingency fee basis, but the percentage and how costs are handled can vary. Ask clear questions about the fee structure, additional expenses, upfront costs, and whether they are open to negotiation.

Use referrals and professional networks. Sometimes the best way to find a lawyer is through trusted referrals. Ask friends, family, or even other lawyers you know for recommendations. Local or state bar associations also often have referral services that connect clients with qualified attorneys.

Before you make your choice, schedule a free initial consultation with more than one lawyer. Don’t feel pressured to hire the first attorney you meet. Scheduling a few free consultations gives you a chance to compare personalities, experience, and fee structures before making a decision.

Want to Work With a Skilled Personal Injury Lawyer?

Understanding how personal injury lawyer fees are structured puts you in a stronger position when negotiating your case. Before you choose any lawyer, always compare multiple attorneys, review agreements carefully, and ask clear questions about their fees. Ultimately, the key is to understand the fee structure, ask about expenses upfront, and work with a lawyer who is transparent and committed to maximizing your settlement.

At Saeedian Law Group, our California personal injury lawyers have recovered over $100 million in compensation for injured clients across California with clear, fair contingency agreements and no upfront costs. Our experienced team will explain your options, protect your interests, and fight for the compensation you deserve. Contact us today for a free consultation and let our skilled attorneys guide you every step of the way.

FAQ

At Saeedian Law Group, we’ve been handling personal injury cases for over a decade. Our experienced personal injury lawyers have compiled comprehensive answers to some of the most common questions you may have about personal injury lawyer fees.

Do I Owe My Lawyer if I Lose My Personal Injury Case?

In a contingency fee agreement, you don’t owe attorney fees if you lose. However, you may still be responsible for case expenses, such as filing fees or expert witness costs, depending on your agreement.

Does a Lawyer’s Percentage Increase if the Case Goes to Trial?

Yes, the percentage often increases if the case goes to trial. This is because trials require significantly more time, preparation, and resources compared to early settlements. Nevertheless, it’s subject to your agreement with the attorney.

What Extra Costs Are Deducted From a Personal Injury Settlement?

Extra costs may include court filing fees, medical records, expert witnesses, depositions, and investigation expenses. These are usually advanced by the lawyer and reimbursed from your settlement once the case ends.

Are There State Limits on Personal Injury Lawyer Fees?

Yes, some states place legal caps on contingency fees, especially in medical malpractice cases. For example, California and New York have sliding scales that limit the maximum percentage attorneys can collect.

How Can I Tell if a Lawyer’s Fee Is Reasonable?

A reasonable fee usually falls between 33% and 40% of your recovery, depending on the case complexity and stage. You can judge fairness by comparing local rates, asking multiple lawyers, and reviewing what services are included in the fee.