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What percentage do most personal injury lawyers take?

What percentage do most personal injury lawyers take

In personal injury cases, the contingency fee arrangement is a widely used payment structure that allows clients to hire a lawyer without upfront costs. Instead, the lawyer's fee is contingent upon the successful resolution of the case.

What is a Contingency fee?

A contingency fee is a payment arrangement where the lawyer's fee is contingent upon the successful outcome of the case. In personal injury cases, the lawyer agrees to represent the client without upfront costs, and their fee is a percentage of the settlement or award obtained. This structure allows individuals with valid personal injury claims to access legal representation even if they cannot afford to pay for it initially. The contingency fee agreement is typically established between the lawyer and the client, outlining the terms and conditions of the arrangement.

What is the Range of Percentage Taken by Personal injury lawyers?

Personal injury lawyers' fees usually fall within a range of 25% to 40% of the settlement or award. However, this range can vary depending on several factors. It is crucial to discuss the specific fee arrangement with the lawyer during the initial consultation.

What Factors Influence the Percentage an Attorney Takes from a Settlement?

Several factors can influence the percentage taken by personal injury lawyers. Understanding these factors can provide insight into why the percentage may vary between cases.


Complexity of the Case

The complexity of a personal injury case can affect the percentage taken by the lawyer. Complex cases may require more time, resources, and expertise to navigate. The lawyer needs to thoroughly investigate the circumstances, gather evidence, consult with experts, and prepare a compelling legal strategy. Consequently, the lawyer's fee may be higher for complex cases.

Potential Financial Recovery

The potential amount of compensation is another factor that can influence the percentage. Personal injury lawyers consider the potential financial recovery when determining their fee. If a case has a significant potential for a substantial settlement or award, the lawyer may negotiate a higher percentage. This aligns the lawyer's fee with the client's ultimate recovery.

Likelihood of Success

The likelihood of success is an important factor in determining the percentage taken by the lawyer. Lawyers evaluate the strength of a case, including the available evidence, applicable laws, and precedents. If a case has a higher probability of success, the lawyer may agree to a lower percentage. This incentivizes the lawyer to achieve a favorable outcome for the client.

Level of Risk

The level of risk associated with a personal injury case can also impact the percentage taken by the lawyer. Some cases may involve inherent risks, such as complex legal issues, disputed liability, or uncertain damages. In such cases, the lawyer may negotiate a higher percentage to compensate for the additional risks involved.

What Are the Advantages of the Contingency fee arrangement?

The contingency fee arrangement offers several advantages to clients seeking legal representation for personal injury cases.

Access to Legal Representation

The contingency fee arrangement eliminates the financial barrier that may prevent individuals from pursuing their personal injury claims. Clients can hire experienced personal injury lawyers without upfront costs, enabling them to seek justice and fair compensation for their injuries.

Aligned Interests

The contingency fee structure aligns the interests of the lawyer and the client. Since the lawyer's fee is contingent upon a successful outcome, they are motivated to achieve the best possible result for the client. This arrangement ensures that the lawyer is committed to diligently pursuing the case and maximizing the client's recovery.


What Happens if the Client Does Not Win?

In a contingency fee arrangement, commonly known as "no win, no fee," if the client does not win the case, they are generally not responsible for paying the lawyer's fee. However, it is important to discuss the specifics of the fee agreement with the lawyer to understand any potential costs or expenses that may still apply, such as court fees or medical record retrieval fees.

Considerations Beyond the Percentage

While the percentage taken by the lawyer is an important factor, there are other considerations to keep in mind when selecting a personal injury lawyer.

Experience and Track Record

The lawyer's experience in handling personal injury cases is crucial. Consider their years of practice, track record of success, and familiarity with the specific type of injury involved in the case. A seasoned personal injury lawyer brings valuable expertise and insights to the table, increasing the chances of a favorable outcome.


Choosing a lawyer who specializes in personal injury law can be advantageous. Specialization demonstrates a deep understanding of the complexities and nuances of personal injury cases. These lawyers are well-versed in the applicable laws, precedents, and strategies necessary to build a strong case.

Reputation & Expertise

Consider a lawyer's reputation and expertise in negotiations and trial advocacy. A lawyer with a strong reputation within the legal community may be better positioned to negotiate effectively with insurance companies and defense attorneys. Their expertise in presenting cases in court can significantly impact the outcome.

Contact Us Today

Ultimately, the contingency fee arrangement provides access to justice for individuals who have suffered physical, financial, and emotional injuries. If you are in need of legal assistance for a personal injury case, MVP Accident Attorneys offers free consultations to help you understand your options and seek the compensation you deserve. Contact us today to learn more.


brett sachs2
Brett Sachs

Brett S. Sachs graduated from Michigan State University College of Law with Cum Laude Honors. While attending Michigan State, Brett was awarded for his service in the Michigan State University College of Law Civil Rights Clinic, where he represented prisoners of the Michigan Department of Corrections from injustices brought upon them. Learn more.

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