What Percentage Do Lawyers Take for Personal Injury Cases?

What Percentage Do Lawyers Take for Personal Injury Cases?

Every year in the United States, there are about 40 million physician office visits because of unintentional injuries. Unintentional falls, poisoning, and car accidents make up a sizable portion of deaths caused by those illnesses and injuries. 

Whether it’s on the job or because of a car crash, a personal injury can quickly become a detriment to one’s life. Lost wages, unpaid medical bills, and damaged property present a few of the most prominent ways people suffer after an accident. In many cases, hiring a lawyer is essential to deal with a personal injury case. 

The question is, what percentage do lawyers take for personal injury cases? How do they get paid? After a personal injury, the last thing anyone wants to think about is how to pay for a lawyer. 

Keep reading for a guide on lawyer fees for personal injury cases, and what you should expect to pay. 

Most Lawyers Work on Contingency 

When it comes to personal injury cases, most attorneys will offer services to their clients based on contingency fees. What that means is that they will not ask for any money upfront. Instead, you will hand over a certain percentage of any compensation you get if you win. 

For most attorneys, that means you will not owe anything if you lose. However, not all law firms work the same way–some lawyers will still charge you for related fees around the case. 

What Percentage Do They Take? 

The average cost of a lawsuit is determined on a percentage level when it comes to personal injury lawyers who work on contingency. Most contingency fee agreements award the attorney a percentage between 33 and 40 percent. In most cases, a lawyer will receive 1/3 (or 33%) of any award or settlement. 

Many lawyers will stipulate that the percentage will stay at 33% if the case gets settled pre-trial, and then will take a 40% cut if they must end up litigating in court through a trial. 

This is not uncommon, as preparing for trial requires much more methodical preparation. If you hire a lawyer for a personal injury case, it is important to also know about any additional fees. 

Personal Injury Lawyer Fees 

Some lawyers include everything in the contingency fee, while others will charge typical lawyer fees for personal injury too. 

Here are some examples of standard personal injury lawyer fees. 

• Court Costs 
• Court costs include filing charges for your complaint, paying for jurors (if the case goes to trial), and serving a subpoena and appeal to any defendants. 
• If you want a copy of the in-court testimony, you’ll have to pay the court reporter. An all-day testimony can run up to a $300 bill easily. 
• Administrative Expenses 
• All court cases require administrative costs such as copying, postage, legal research and travel. 
• For a brief and simple case, that would not add up to a lot, but for litigation that takes a couple of years, administrative costs can rise substantially. 
• Deposition Costs 
• During a deposition, a non-trial testimony goes on the record. Typically, this requires asking witness questions with the help of a stenographer to record everything. Just a couple of hours can total as much as $500. 
• Investigation 
• In many cases, the investigation is minimal. Police reports and medical records costs next to nothing to obtain. However, if a private investigator is required for a trial, costs can add up quickly. 
• Expert Witnesses 
• Perhaps the largest expense after attorney’s fees is having to cover expert witnesses. Many expert witnesses charge hundreds of dollars an hour to do things like: 
• Review your case 
• Prepare an expert report 
• Testify at trial 

If the case requires several expert witnesses, the bill can quickly reach thousands of dollars, and even tens of thousands. Most personal injury cases that go to court require at least one expert witness. 

Ask your lawyer when and if they take those costs out of your settlement. Is it before or after they take their contingency fee? Also, find out if you’ll get left with a bill if you don’t win anything. 

Your Lawyer Will Get the Check 

When you do receive your settlement, the first check will go to your lawyer. This is to make sure your lawyer gets paid for their services. Your lawyer will contact you as soon as they get the settlement check. 

They should also provide you with an itemized list, detailing anything they deducted from your check to cover fees, costs, and expenses. If there is a dispute over any charges, your attorney will place the disputed amount in a trust account until the matter is resolved. 

Make the Most of Your Settlement 

While it might be disheartening to think about losing a part of your settlement, remember that your lawyer will be working their hardest to get you a fair settlement for your injuries. Also, there are ways to maximize your compensation from start to finish. 

Doing things like recording everything, following your doctor’s treatment plan, and fully assessing your damages, will make the most of your personal injury compensation. 

What Percentage Do Lawyers Take for Personal Injury? 

Are you still wondering, “what percentage do lawyers take for personal injury?” 

Although there is an average settlement percentage that lawyers charge for personal injury cases, it is essential to discuss fees with your lawyer to make sure there are no disputes down the road.