Personal Injury · Haute Lawyer Network
What Does a Personal Injury Lawyer Charge?
Last reviewed: June 2026
Most personal injury attorneys work on a contingency fee basis — meaning they charge no upfront fee and only get paid if you recover money. The attorney's fee is a percentage of your recovery, taken from the settlement or verdict at the end of the case. If you do not recover, you do not owe the attorney a fee.
How Contingency Fees Work
A standard contingency fee ranges from 33% to 40% of the gross recovery, depending on the attorney, the jurisdiction, and the stage at which the case resolves. Many attorneys use a tiered structure:
Pre-litigation settlement — 33% if the case settles before a lawsuit is filed.
Litigation — 35-40% if a lawsuit is filed and the case settles during litigation.
Trial and appeal — 40-45% if the case goes to trial or is appealed.
The percentage increases as the case progresses because the attorney's time and risk investment grows at each stage.
Case Expenses Are Separate from Attorney Fees
The contingency fee covers the attorney's compensation — not the out-of-pocket costs of pursuing the case. Case expenses are separate and typically deducted from the recovery in addition to the attorney's fee. Common expenses include:
Court filing fees, medical record retrieval costs, deposition transcripts, expert witness fees — which can be substantial in cases involving accident reconstruction, medical experts, or economic experts — and investigation costs.
Make sure you understand when reviewing a contingency fee agreement whether expenses are deducted from the gross recovery before the fee is calculated, or from the net after the fee. The difference can be significant in high-expense cases.
What This Means for Your Net Recovery
If you recover $100,000 and the contingency fee is 33% with $10,000 in case expenses:
Gross recovery: $100,000
Attorney fee (33%): $33,000
Case expenses: $10,000
Net to client: $57,000
Understanding this math before signing a fee agreement helps you evaluate what your actual recovery will be.
Frequently Asked Questions
Can I negotiate the contingency fee?
Yes. Contingency fee percentages are negotiable. Particularly strong cases — clear liability, serious injuries, substantial insurance coverage — may warrant a lower percentage. Attorneys are more willing to negotiate fees in cases where the likelihood of recovery is high.
What if I cannot afford the case expenses even on contingency?
Most personal injury attorneys advance case expenses and recover them from the settlement. You do not typically pay expenses out of pocket as the case proceeds — they are recovered at the end.
Should I hire the attorney who advertises the most?
Heavy advertising does not correlate with legal quality. When selecting a personal injury attorney, consider their track record with cases similar to yours, their trial experience, their reputation in the local legal community, and your personal comfort with them as a representative.
Are there cases personal injury attorneys will not take on contingency?
Yes. Attorneys evaluate cases before agreeing to represent clients on contingency. Cases with unclear liability, minor injuries, or limited insurance coverage may not justify the attorney's time and expense investment. This does not mean you have no claim — it may mean pursuing the claim directly or finding an attorney who assesses the case differently.
What should I look for in a contingency fee agreement?
Review the percentage at each stage, who bears case expenses if you lose, how and when expenses are deducted, what happens if you want to change attorneys mid-case, and the attorney's authority to settle without your consent. Ask questions about anything unclear before signing.
Related Questions
Are you a Personal Injury attorney?
Join Haute Lawyer Network and have your profile featured alongside these answers.
Apply for Membership →This information is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.