How much do personal injury attorneys charge?

Personal injury attorneys work on contingency and charge no upfront fees. The standard contingency fee is 33% of the settlement if resolved before filing a lawsuit, and 40% if the case goes to trial. You may also be responsible for case expenses (filing fees, expert witnesses, depositions) which are typically deducted from the settlement.

What happens to case expenses if I lose?

This depends on your fee agreement. Some attorneys absorb case expenses if you lose — meaning you pay nothing at all. Others require reimbursement of out-of-pocket expenses even if you lose. Read your contingency fee agreement carefully and ask your attorney directly before signing.

Can I negotiate the contingency fee percentage?

Yes — contingency fee percentages are negotiable, particularly for cases with very clear liability or very large damages. Some attorneys will agree to a lower percentage for straightforward high-value cases. However standard 33%/40% fees are appropriate for most personal injury cases and are set to reflect the risk the attorney takes.

Are case expenses taken out before or after the attorney fee?

This varies by attorney and should be specified in your fee agreement. Some attorneys deduct expenses before calculating their percentage, which results in a higher net recovery for you. Others calculate their percentage first and then deduct expenses. Always ask for a clear example calculation before signing any fee agreement.

What Are Contingency Fees? How PI Attorneys Get Paid

Contingency fees mean anyone can have quality legal representation regardless of financial resources. You need no money upfront to hire a PI attorney — and you pay nothing if you lose.

How Contingency Fees Work — Step by Step

Step 1 — You hire an attorney with zero upfront cost

You sign a contingency fee agreement specifying the attorney's percentage. The attorney begins working immediately. You pay nothing — not for attorney time, filing fees, or expert witnesses.

Step 2 — The attorney builds and works your case

Investigation, evidence gathering, medical records, communicating with insurance companies, sending demand letters, negotiating. All at no cost to you during the case.

Step 3 — If you win or settle, the attorney takes their percentage

Standard: 33% of the gross settlement if resolved before filing a lawsuit. 40% if the case goes to trial. These percentages reflect the different risk at each stage.

Step 4 — Case expenses are also deducted from the settlement

In addition to the attorney's percentage, case expenses (filing fees, expert witnesses, medical records, depositions) are deducted. Always ask whether these are deducted before or after the attorney fee is calculated.

Step 5 — If you lose, you pay nothing for attorney time

If the case is lost, you owe the attorney nothing for their time. You may owe certain case expenses depending on your agreement — but many attorneys write these off in lost cases.

Complete Example: Settlement Calculation

Total settlement amount$100,000

Attorney fee (33%)− $33,000

Case expenses− $3,500

Your net payment$63,500

Note: Represented victims receive on average 3-4 times more than unrepresented victims, even after deducting fees and expenses.

Questions to Ask Any Attorney About Their Fees

What is your contingency fee — and does it change if we file a lawsuit or go to trial?

Are case expenses deducted before or after your fee is calculated?

What specific case expenses am I responsible for?

What happens to case expenses if we lose?

Can you show me a written example of how my settlement would be calculated?

What happens if I want to end the agreement before the case resolves?

Frequently Asked Questions

What is a contingency fee?

A contingency fee is an attorney fee arrangement where you pay nothing upfront — the attorney only gets paid if you win or settle. The fee is a percentage of your recovery, typically 33% before trial and 40% if the case goes to trial. If you lose, you pay nothing for attorney time.

Are contingency fees negotiable?

Yes. Percentages are negotiable, particularly for cases with clear liability or large potential damages. However the standard 33%/40% structure is appropriate for most personal injury cases and reflects the risk the attorney takes.

What case expenses will I have to pay?

Case expenses typically include court filing fees, medical record fees, expert witness fees, accident reconstruction costs, and deposition costs. They range from a few hundred to thousands of dollars for straightforward cases.

Why do contingency fees exist?

Contingency fees exist to give everyone access to legal representation regardless of financial means. Without them, only wealthy people could afford to pursue personal injury cases — and corporations and insurers could simply outspend injured individuals into submission.

What is the difference between attorney fees and case expenses?

Attorney fees are the percentage of your settlement the attorney earns for their work. Case expenses are out-of-pocket costs incurred pursuing your case. Both are deducted from your settlement but are calculated separately.