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Home Legal Updates

How Contingency Fees Work and What Percentage Lawyers Charge

Lucas Leo by Lucas Leo
August 30, 2025
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How Contingency Fees Work and What Percentage Lawyers Charge
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When hiring a personal injury lawyer, one of the first considerations is the cost. The majority of personal injury attorneys work on a contingency fee basis. This implies you do not have to pay beforehand. The lawyer is compensated only if you win a settlement or verdict. It lowers the cost barrier for those who require legal assistance following an accident but cannot afford significant retainers.

Table of Contents

  • What Percentage Do Lawyers Take?
  • Why Do Lawyers Use Contingency Fees?
  • What Expenses Can Clients Expect?
  • Are Percentages Always the Same?
  • What Does the Client Gain from This Arrangement?
  • How to Discuss Fees with Your Lawyer
  • Drawbacks of Contingency Fees
  • Conclusion
  • Key Points to Keep in Mind

What Percentage Do Lawyers Take?

The actual amount varies depending on the lawyer and the type of lawsuit. The issue that many clients have is simple: what percentage do lawyers take?

The answer is often between 33% and 40% of the settlement sum.

Some agreements allow for a lesser cost if the matter is resolved swiftly and a larger price if it goes to trial. This structure encourages the lawyer to fight for the best potential outcome.

Why Do Lawyers Use Contingency Fees?

The risk is transferred from the client to the attorney under this fee structure. The lawyer is not compensated for their time if the lawsuit is unsuccessful. For this reason, personal injury attorneys thoroughly consider cases before accepting them.

They spend their own time and money assembling evidence, consulting specialists, and crafting arguments. It is the only realistic option for many clients to seek justice following an accident.

What Expenses Can Clients Expect?

Legal fees are not the same as case expenses. Even on a contingency fee plan, there are other costs involved. These can include:

  • Filing fees charged by the court
  • Medical record retrieval costs
  • Expert witness payments
  • Costs for depositions and transcripts
  • Investigation expenses

Some lawyers cover these costs upfront and deduct them from the settlement. Others may ask clients to handle them as they come up. It is important to discuss this early so there are no surprises later.

Are Percentages Always the Same?

Contingency costs differ depending on the complexity and type of case. A simple auto accident claim might remain at one-third. A case involving medical misconduct, which frequently necessitates years of litigation and expert testimony, might be closer to 40%. The amount of work required to achieve a result and the degree of risk determine the lawyer’s fee.

What Does the Client Gain from This Arrangement?

Clients can obtain knowledgeable legal counsel without depleting their funds. They are also aware that their attorney is very motivated to secure the best possible outcome. Without this kind of agreement, customers would frequently have no chance of opposing an insurance company.

How to Discuss Fees with Your Lawyer

Clients should discuss openly with their lawyer how contingency fees will be determined before signing a contract. This includes asking about:

  • The fee’s potential increase in the event of a trial
  • Whether it is paid before or after expenditures are subtracted
  • Whether the attorney offers a sliding scale based on the case’s stage of settlement is all part of this.

Establishing confidence between the client and the lawyer early on helps prevent misunderstandings.

Drawbacks of Contingency Fees

Clients should be informed of any potential disadvantages, even if this arrangement is quite advantageous for individuals who cannot afford upfront payments. The attorney may only take on cases that have a high chance of winning because they are taking on a lot of risk.

Additionally, when fees and expenses are subtracted, the client may believe that their ultimate reward has been reduced. Nonetheless, these worries are typically outweighed by the availability of justice and the opportunity to seek damages from well-funded defendants.

Conclusion

People can fairly pursue justice without having to pay hefty upfront costs due to contingency fees. Since they invest their time, money, and energy into winning the case, attorneys receive a portion of the recovery.

Key Points to Keep in Mind

  • Contingency fees are common in personal injury law
  • Percentages range between one-third and two-fifths of the recovery
  • Fees may increase if the case goes to trial
  • Clients are often responsible for additional expenses
  • Lawyers accept the financial risk if the case does not succeed
Lucas Leo

Lucas Leo

Hi, I’m Lucas Leo, an author and writer at AccordingLaw.com. I’m passionate about delivering the latest legal news and updates according law to keep you informed. Join me as I explore and share insights into the ever-evolving world of law!

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