What percentage do personal injury lawyers take?

Personal injury lawyers typically take 33-40% of your settlement or jury award. The exact percentage depends on case complexity, whether it goes to trial, and your agreement with the attorney.

Do I pay if I lose my case?

With contingency fee arrangements, you pay no attorney fees if you lose. However, you may still be responsible for case expenses like filing fees, expert witness costs, and medical records.

Are personal injury lawyer fees negotiable?

Yes, contingency fees are often negotiable, especially for strong cases or high-value claims. Some attorneys offer sliding scale fees or reduced rates for certain circumstances.

How Much Do Personal Injury Lawyers Take? Fees & Costs Guide 2025

Quick Answer

Personal injury lawyers typically take 33-40% of your settlement or jury award on a contingency basis. You pay nothing upfront and nothing if you lose your case.

Standard Contingency Fee Rates

Case Stage	Typical Fee Range	What This Means
Settlement before lawsuit	33% (1/3)	Case resolved through negotiation
Settlement after lawsuit filed	35-37%	More work required, higher fee
Trial verdict	40%	Maximum work and risk
Appeal	40-45%	Additional legal work required

How Contingency Fees Work

The "No Win, No Fee" Promise:

• No upfront costs - Attorney covers case expenses initially
• No hourly billing - You're not charged for time spent on your case
• Success-based payment - Attorney only gets paid if you win
• Shared risk - Attorney has incentive to get best possible result

Example: $100,000 Settlement

Total Settlement:$100,000

Attorney Fee (33%):- $33,000

Case Expenses:- $2,500

Medical Liens:- $15,000

Your Net Recovery:$49,500

Additional Costs and Expenses

Common Case Expenses

Court and Filing Costs:

• Filing fees: $200-$500
• Service fees: $50-$200
• Court reporter: $300-$800
• Jury fees: $100-$400

Investigation Costs:

• Expert witnesses: $2,000-$10,000+
• Medical records: $100-$500
• Accident reconstruction: $2,000-$5,000
• Private investigators: $500-$2,000

Fee Structures by Case Type

Car Accidents

• Standard: 33% if settled
• Complex cases: 35-40%
• Usually straightforward fee structure

Medical Malpractice

• Higher rates: 35-45%
• Expensive expert witnesses required
• May have sliding scale structure

Product Liability

• Complex cases: 35-40%
• High investigation costs
• Multiple expert witnesses needed

Slip and Fall

• Standard: 33-35%
• Moderate investigation costs
• May need premises liability experts

When Fees May Be Negotiable

Factors That May Lower Fees:

• High-value cases - Attorneys may accept lower percentage on large settlements
• Clear liability - Straightforward cases require less work
• Strong evidence - Well-documented cases are easier to prove
• Multiple clients - Referrals or family members may get discounts
• Sliding scale - Lower percentage on first $X, higher on amounts above

Red Flags: Fees to Avoid

Warning Signs:

• Upfront fees required - True contingency means no upfront attorney fees
• Fees over 45% - Excessive for most personal injury cases
• Hidden costs - Unclear expense policies or surprise charges
• No written agreement - All fee arrangements should be in writing
• Pressure tactics - Pushing you to sign without explanation

Understanding Your Fee Agreement

Key Questions to Ask

• Is the fee calculated before or after expenses are deducted?
• What happens if the case is settled vs. goes to trial?
• Who pays for case expenses if we lose?
• Are there any additional costs I should expect?
• Can I get a breakdown of anticipated expenses?
• Is the fee negotiable based on the case outcome?

Is Hiring a Lawyer Worth the Cost?

Studies Show Lawyers Increase Settlements:

• Insurance Research Council - Injury victims with attorneys receive 3.5x more compensation
• Car accident victims - Average $44,600 with lawyer vs. $13,900 without
• Even after fees - Net recovery typically higher with attorney representation
• Complex cases - Attorney expertise essential for maximum compensation

Example Comparison

Scenario	Without Lawyer	With Lawyer (33% fee)	Net Difference
Simple case	$15,000	$20,100 (67% of $30,000)	+$5,100
Complex case	$25,000	$50,250 (67% of $75,000)	+$25,250
Denied claim	$0	$33,500 (67% of $50,000)	+$33,500

Alternative Fee Arrangements

Sliding Scale Contingency

Lower percentage on first portion, higher on amounts above threshold (e.g., 25% on first $100k, 35% above)

Reduced Fee for Quick Settlement

Lower percentage if case settles within specific timeframe (e.g., 25% if settled within 60 days)

Flat Fee (Rare)

Fixed amount regardless of settlement size - unusual for personal injury cases

How Much Do Personal Injury Lawyers Take?