There is no universal national attorney fee. Many personal-injury lawyers use contingency fees, often around one-third of the recovery, but the percentage and expenses depend on the fee agreement and applicable rules.
That is a common figure, not a legal standard or a national average. Your written agreement is what counts.
The main ways lawyers charge
- Contingency fee — a percentage of the recovery, paid only if the case is successful. Used most often in personal injury and workers’ compensation cases.
- Hourly fee — a set amount for each hour, or part of an hour, the lawyer works.
- Flat fee — one set price, usually paid in advance, for work that is straightforward and predictable.
- Retainer or advance payment — some lawyers ask for money up front before work starts.
Expenses can be separate from the fee
Win or lose, you may have to pay case expenses such as court filing fees and the cost of gathering evidence or taking depositions. Ask whether expenses come out of the recovery before or after the lawyer’s percentage is calculated. It changes how much you keep.
The percentage can change
A contingency agreement may set different percentages depending on whether the case settles, goes to trial or is appealed. Some clients negotiate a lower percentage if the case settles before a lawsuit is filed.
Get it in writing
Under the ABA’s model ethics rules, a contingency fee agreement must be in writing and signed by the client. It must state the percentages, the expenses that come out of the recovery, and whether they come out before or after the fee. Each state adopts its own version of these rules, so the written agreement controls, subject to your state’s rules.
Questions to ask before you sign
- What percentage applies if the case settles? Goes to trial? Is appealed?
- Which expenses will I owe, and will I owe them if we lose?
- Are expenses taken out before or after your percentage?
- Is any payment due up front?
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