What Percentage Do Lawyers Take For Personal Injury?

Reginald Gray
Founder and Chief Editor at - PersonalInjuryJustice

Reginald Gray is the visionary force behind PersonalInjuryJustice. A seasoned lawyer with over two decades of experience in personal injury law, Reginald's profound understanding of...Read more

Personal injury cases can be costly, stressful, and time-consuming. One of the most common questions people ask when considering legal representation is, “what percentage do lawyers take for personal injury?” It’s important to understand the fees associated with hiring a personal injury lawyer to ensure you’re not caught off guard with unexpected costs.

When it comes to personal injury cases, lawyers typically work on a contingency fee basis, meaning they only get paid if you win your case. However, the percentage they take can vary depending on the lawyer and the complexity of the case. In this article, we’ll explore the average percentage lawyers take for personal injury cases and what factors can impact this fee.

Lawyers typically take around 33% to 40% of the settlement amount for personal injury cases. This percentage can vary depending on the complexity of the case and the lawyer’s experience and reputation. It’s important to discuss the lawyer’s fee structure and any additional costs before hiring them.

What Percentage Do Lawyers Take for Personal Injury?

Understanding Personal Injury Lawyers’ Fees

1. What is a Personal Injury Lawyer?

A personal injury lawyer is a legal professional who specializes in representing clients who have been injured due to someone else’s negligence. These injuries can range from car accidents to medical malpractice and product liability cases. Personal injury lawyers work on a contingency fee basis, which means they only get paid if they win the case.

When a personal injury lawyer takes on a case, they will investigate the incident, gather evidence, interview witnesses, and negotiate with insurance companies on behalf of their client. They will also represent their client in court if necessary.

2. What Percentage Do Personal Injury Lawyers Take?

Personal injury lawyers typically take a percentage of the settlement or award they win for their client. This percentage can vary depending on the lawyer and the case, but it is usually between 33% and 40% of the total amount.

It’s important to note that the percentage the lawyer takes will come out of the total settlement or award, meaning the client will receive the remaining amount after the lawyer’s fee is deducted. However, some expenses related to the case, such as court fees and medical bills, may also be deducted from the settlement or award before the lawyer’s fee is calculated.

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3. The Benefits of Hiring a Personal Injury Lawyer

There are many benefits to hiring a personal injury lawyer to represent you in your case. First and foremost, a personal injury lawyer has experience and knowledge in handling these types of cases, which can be complex and difficult to navigate on your own.

Additionally, a personal injury lawyer can help you negotiate with insurance companies to ensure you receive a fair settlement. They can also represent you in court if necessary, which can be invaluable in ensuring you receive the compensation you deserve.

4. Contingency Fees vs. Hourly Fees

Personal injury lawyers typically work on a contingency fee basis, which means they only get paid if they win the case. This is different from hourly fees, which are common in other areas of law.

Hourly fees require the client to pay the lawyer for every hour they work on the case, regardless of the outcome. This can be expensive and may not be feasible for clients who are already struggling financially due to their injuries.

5. How to Find a Personal Injury Lawyer

If you’ve been injured and are looking for a personal injury lawyer to represent you, there are several ways to find one. You can start by asking friends and family for recommendations or by searching online for lawyers in your area.

It’s important to do your research and read reviews before choosing a lawyer. You should also schedule a consultation with any potential lawyers to discuss your case and their fees.

6. Factors That Affect Personal Injury Lawyer Fees

Several factors can affect the percentage a personal injury lawyer takes from a settlement or award. These factors include the complexity of the case, the amount of work required, and the lawyer’s experience and reputation.

Some lawyers may also charge a higher percentage for cases that go to trial, as these cases can be more time-consuming and require more preparation.

7. How Much Will You Receive After Your Lawyer’s Fees?

The amount you will receive after your lawyer’s fees will depend on the percentage they take and the total amount of the settlement or award.

For example, if your settlement is $100,000 and your lawyer takes a 33% fee, they will receive $33,000 and you will receive $67,000. However, as mentioned earlier, some expenses related to the case may also be deducted from the settlement before the lawyer’s fee is calculated.

8. When Should You Hire a Personal Injury Lawyer?

If you’ve been injured due to someone else’s negligence, it’s important to hire a personal injury lawyer as soon as possible. The sooner you hire a lawyer, the sooner they can begin investigating the incident and gathering evidence to support your case.

Additionally, there may be time limits for filing a personal injury claim, depending on the state you live in. Hiring a lawyer early can ensure you meet these deadlines and don’t miss out on the opportunity to receive compensation for your injuries.

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9. The Importance of Clear Communication with Your Lawyer

Clear communication with your lawyer is essential in ensuring your case is handled properly and you receive the compensation you deserve. You should be upfront and honest with your lawyer about all the details of your case, including any pre-existing conditions or previous injuries.

Your lawyer should also keep you informed throughout the process, explaining any legal terms or procedures you may not understand. If you have any questions or concerns, you should feel comfortable asking your lawyer for clarification.

10. Conclusion

Personal injury lawyers play a crucial role in helping clients receive compensation for their injuries. While their fees may seem high, their experience and knowledge are invaluable in ensuring you receive a fair settlement or award.

If you’ve been injured due to someone else’s negligence, it’s important to hire a personal injury lawyer as soon as possible. Doing so can help you navigate the complex legal system and receive the compensation you deserve.

Frequently Asked Questions

Personal injury cases can be complicated and stressful, and one of the most common questions clients have is about attorney fees. Here are five frequently asked questions and answers about what percentage of a settlement lawyers take for personal injury cases.

What is a Contingency Fee?

A contingency fee is a fee that is only paid if the lawyer wins the case. In personal injury cases, the lawyer’s fee is typically a percentage of the settlement amount. This percentage can vary depending on the lawyer and the specific case. However, the percentage is usually around 33% of the settlement amount.

It’s important to note that the percentage may increase if the case goes to trial. This is because trial preparation and court appearances can be time-consuming and expensive for the attorney.

Are There Any Additional Fees?

In addition to the contingency fee, there may be other fees associated with a personal injury case. These can include filing fees, expert witness fees, and court reporter fees. However, these fees are typically paid out of the settlement amount and are not an additional cost to the client.

It’s important to discuss any potential fees with your attorney before hiring them to represent you in a personal injury case.

Can I Negotiate the Contingency Fee?

It is possible to negotiate the percentage of the contingency fee with your attorney. However, it’s important to remember that the fee is based on the lawyer’s experience, skill, and time spent on your case. If you negotiate a lower fee, you may not receive the same level of representation or attention to your case.

It’s also important to be wary of lawyers who offer extremely low contingency fees. These lawyers may be inexperienced or may not have the resources to properly handle your case.

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When is the Contingency Fee Paid?

The contingency fee is typically paid out of the settlement amount. This means that the lawyer will receive their fee before you receive any money from the settlement. However, some lawyers may require a retainer fee or other payment upfront to cover the costs of the case.

It’s important to discuss payment arrangements with your attorney before hiring them to represent you in a personal injury case.

What Happens if I Lose the Case?

If you lose the case, you will not be required to pay your attorney any fees. This is because the contingency fee is only paid if the lawyer wins the case. However, you may be responsible for paying any other fees associated with the case.

It’s important to discuss the potential costs of a personal injury case with your attorney before deciding to pursue legal action.

How Personal Injury Lawyers Calculate Settlement | Personal Injury Q&A


In conclusion, the percentage that lawyers take for personal injury cases can vary depending on various factors. It is important to understand the fee structure and any additional expenses before hiring a lawyer. While some may charge a contingency fee of 33% to 40%, others may have a sliding fee scale or charge hourly. Additionally, it is important to consider the experience and track record of the lawyer in handling personal injury cases.

However, it is important to remember that hiring a qualified lawyer can greatly increase the chances of a successful outcome in your personal injury case. A lawyer can help navigate the legal system, negotiate with insurance companies, and ensure that you receive fair compensation for your injuries. So, while the percentage that lawyers take may seem steep, it is often worth it in the long run to have a knowledgeable and experienced legal advocate on your side.

Ultimately, the decision to hire a lawyer and the percentage they charge is a personal one. It is important to weigh the benefits and costs carefully before making a decision. Whether you choose to hire a lawyer or not, it is important to seek medical attention and document any injuries sustained in the incident. By taking the necessary steps and making informed decisions, you can protect your legal rights and receive the compensation you deserve.

Reginald GrayFounder and Chief Editor at - PersonalInjuryJustice

Reginald Gray is the visionary force behind PersonalInjuryJustice. A seasoned lawyer with over two decades of experience in personal injury law, Reginald's profound understanding of the legal landscape and his deep empathy for victims inspired the creation of PersonalInjuryJustice. His only mission is to ensure victims have easy access to comprehensive, authentic information to assist them in their fight for justice. As Chief Editor, he rigorously ensures our content's accuracy, reliability, and pertinence.

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