What Percentage Do Most Personal Injury Lawyers Take?

If you’ve been injured in an accident and are considering hiring a personal injury lawyer, one question you might have is: What percentage does a personal injury lawyer take from a settlement?

Standard Contingency Fees in Personal Injury Cases

Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if they win your case. The standard contingency fee percentage typically ranges from 33% to 40% of the total settlement or court award.

• 33% (One-Third Rule) – This is the most common percentage for cases that settle before a lawsuit is filed.
• 40% or More – If a case goes to trial, the attorney’s percentage may increase due to the additional work, legal expenses, and risks involved.

For example, if you receive a $100,000 settlement, and your lawyer’s contingency fee is 33%, they will receive $33,000, leaving you with $67,000 before any additional case costs.

Factors That Affect a Lawyer’s Contingency Fee

The percentage a lawyer takes can vary based on several factors, including:

• Case Complexity – If a case involves disputed liability or requires expert witnesses, the fee might be higher.
• Stage of Resolution – Cases that settle early usually have lower fees, while those that go to trial often require a higher percentage.
• State Regulations – Some states have laws that limit contingency fees in certain types of cases.
• Law Firm Policies – Different firms may have different pricing structures based on their experience and track record.

Contingency Fees vs. Case Costs

While contingency fees cover the lawyer’s services, there are additional case costs involved in pursuing a personal injury claim. These expenses can significantly impact your final payout and include:

Common Case Costs

• Filing Fees: Charges for submitting legal documents to the court.
• Service Fees: Costs of delivering legal documents to the defendant.
• Investigation Costs: Expenses for obtaining medical records, police reports, and witness statements.
• Court Reporting Fees: Payments for transcription services during depositions and hearings.
• Witness Fees: Compensation for individuals who provide testimony.
• Expert and Consultant Fees: Payments to specialists who provide professional insights or testimony.
• Mediation Fees: Costs associated with alternative dispute resolution services.
• Jury Fees: Expenses related to jury selection and service if the case goes to trial.
• Administrative Costs: Miscellaneous expenses such as postage, copying, and phone charges.

Some law firms cover these expenses upfront and deduct them from your settlement, while others may require you to pay them as they arise. Always clarify cost responsibilities before signing a representation agreement.

How to Choose the Right Personal Injury Lawyer

When selecting a personal injury lawyer, consider these key factors:

• Experience in personal injury cases – A lawyer with a strong track record can maximize your settlement.
• Transparent fee structure – Make sure you understand all costs before signing an agreement.
• Communication and client support – Choose a lawyer who keeps you informed and involved throughout your case.

Key Takeaways

Most personal injury lawyers take between 33% and 40% of a settlement, depending on the complexity and stage of the case. Since they work on a contingency basis, you don’t have to pay anything upfront—they only get paid if you win.

Before hiring a personal injury lawyer, discuss their fees, additional costs, and payment terms to ensure transparency and avoid any surprises.

At Armstrong Lee & Baker LLP, we are dedicated to fighting for the rights of injured clients. Our team provides relentless advocacy and compassionate support, ensuring you get the best possible outcome while staying fully informed about your case. Contact us today for a free consultation and let us help you on your path to recovery.

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Joshua Lee believes in aggressive, tough advocacy and a client-centered approach to every case. Joshua draws from a wide body of experiences and a robust understanding of the law. Joshua graduated from the New York University School of Law in New York City, which is considered among the best law schools in the world. Our lawyers have 25+ years of combined experience.

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