How Much Do Personal Injury Attorneys Charge? Guide to Fees and Costs
If you’ve been hurt in an accident and decide to sue for damages, it’s only natural to feel overwhelmed. Legal fees can feel intimidating, especially if you’re already facing medical bills and lost income. The good news is that personal injury lawyers structure their fees differently from other attorneys, making them more accessible than you might think.
This guide breaks down what personal injury attorneys charge, how contingency fees work, and what extra costs you should expect. We’ll also clear up a few myths so you know what’s true and what’s not.
The Contingency Fee Model
Most personal injury attorneys charge clients using a contingency fee. That means you don’t pay your lawyer unless they win your case. If you receive a settlement or verdict, your attorney will take a percentage of that recovery. If you don’t, you owe them nothing for their time.
This system exists to make legal representation affordable for people who couldn’t otherwise pay out of pocket. Unlike divorce or business lawyers, who typically require an upfront retainer, personal injury attorneys essentially invest in your case. They only get paid if you do.
Typical Percentages
So, what do personal injury attorneys charge when they win? While the exact percentage can vary depending on state rules, firm policies, and the complexity of the case, here’s the general breakdown:
1) 33–40% of the recovery is the most common range.
2) One-third (33.3%) is standard for cases resolved before filing a lawsuit.If the case goes to trial, the fee may increase to 40% to reflect the additional work, risk, and costs.
For example, if you settle for $90,000 and your attorney’s fee is 33%, their fee would be $30,000. You’d keep $60,000 (minus case expenses, which we’ll cover next).
Other Costs You Might See
Attorney fees cover your lawyer’s time and legal expertise, but there are also case costs, otherwise known as the out-of-pocket expenses that come with pursuing a claim. These might include:
1) Court filing fees
2) Costs for medical records
3) Expert witness fees
4) Depositions and transcripts
5) Investigation expenses
Some law firms advance these costs for you and deduct them from your settlement at the end. Others may require partial payment along the way. It’s important to ask upfront how the firm handles expenses so you’re not surprised later.
Clearing Up Common Myths
Myth 1: Hiring a personal injury lawyer is too expensive.Reality: You pay nothing up front. The lawyer’s fee comes out of your settlement, not your pocket.
Myth 2: Attorneys will take most of my settlement.Reality: While fees are a percentage, remember that studies consistently show clients with lawyers recover more money than people who try to negotiate with insurance companies alone, even after attorney fees.
Myth 3: All lawyers charge the same way.Reality: Personal injury attorneys work on contingency. Other attorneys, like family or business lawyers, usually charge hourly or require retainers. That’s a key difference.
How Contingency Fees Help You
The contingency model levels the playing field. Insurance companies have deep pockets and entire legal teams working against you. A contingency fee lets you hire a skilled attorney without worrying about immediate cost. It also motivates your lawyer to maximize your recovery: they only get paid if you do, and the more you win, the more they earn.
Personal Injury Fees vs. Other Practice Areas
Here’s how personal injury attorney fees stack up against other types of law:
1) Personal Injury: Contingency (33–40%), no upfront payment.
2) Family Law (Divorce, Custody): Often $200–$500/hour, plus retainer.
3) Criminal Defense: Flat fee or hourly, paid upfront.
4) Business/Contracts: Hourly rates, often starting at $250/hour.
Compared to these, personal injury fees are designed with accessibility in mind. You don’t need to worry about coming up with thousands of dollars just to get started.
The Bottom Line
If you’re wondering how much personal injury attorneys charge, the short answer is: usually one-third of your settlement, paid only if you win. Add in some case costs, and that’s the whole picture: no retainers, no hourly billing, and no out-of-pocket costs if your claim isn’t successful.
At DearLegal, we make connecting with experienced personal injury attorneys simple. Whether you’re dealing with a car accident, workplace injury, or medical malpractice, we’ll help you find a lawyer who works on contingency and fights to get you the compensation you deserve. You may even qualify for money up front.
Get started today to match with an attorney who’s ready to help.
