What Percentage Do Lawyers Take for Personal Injury Claims?

When someone is injured in an accident or due to someone else’s negligence, they may be entitled to receive compensation for their damages. This compensation can cover medical expenses, lost wages, and other costs associated with the injury. In some cases, it may also include compensation for pain and suffering. If you have been injured and are considering pursuing a personal injury claim, you may be wondering what percentage lawyers take for personal injury claims.

Several factors can affect the percentage that a lawyer takes in a personal injury case. These include the complexity of the case, the number of damages being sought, and the lawyer’s level of experience and expertise. In this article, we will explore these factors in more detail and provide an overview of the average percentage that lawyers take in personal injury cases.

What Percentage Do Personal Injury Lawyers Take?

Personal injury lawyers typically work on a contingency basis, which means that they do not charge an hourly rate for their services. Instead, they take a percentage of the settlement or award that their client receives in the case. The percentage that a lawyer takes will vary depending on the specifics of the case and the lawyer’s fee arrangement with their client.

What Percentage Does a Lawyer Get in a Settlement Case?

On average, personal injury lawyers take between 33% to 40% of the settlement or award in a personal injury case. This percentage may be higher or lower depending on the specifics of the case and the lawyer’s fee arrangement with their client. For example, if the case is particularly complex or if the damages being sought are very high, the lawyer’s percentage may be on the higher end of this range. Conversely, if the case is relatively straightforward and the damages are relatively low, the lawyer’s percentage may be on the lower end of the range.

It’s important to note that the percentage that a lawyer takes will not affect the overall amount of damages that a client is awarded in a personal injury case. Instead, it will simply determine how much of the damages the lawyer will receive as their fee for representing the client.

What are Contingency Fees?

Personal injury lawyers often charge a contingency fee for their services, which is a fee that is only paid if the case is successful. This can be a more cost-effective option for clients as it eliminates the need to pay upfront legal fees. Contingency fees are typically deducted from the settlement once the case is resolved. These fees may also include additional expenses that the lawyer incurs during the claim process. The percentage of the contingency fee may vary based on factors such as the complexity of the case, the length of time required for resolution, and the amount of work involved for the lawyer.

However, it’s important to understand what percentage do personal injury attorneys get, a lawyer taking in a settlement case. As mentioned earlier, the average percentage that personal injury attorneys take is between 33% and 40% which may be negotiated as part of the settlement process. In some cases, the lawyer and the client may agree to a lower percentage if the case is settled out of court. This is because settling a case out of court typically involves less work and risk for the lawyer than taking a case to trial.

However, the percentage that a personal injury attorney gets may be higher or lower depending on the specifics of the case and the attorney’s fee arrangement with their client.

Personal Injury Lawyers Fees

Personal injury lawyers do not charge an hourly rate; they take a percentage of the award that their client receives in the case. 

In addition to the percentage that a lawyer takes, there may also be other fees associated with hiring a personal injury lawyer. These may include costs for filing fees, expert witness fees, and other expenses related to the case. It’s important to discuss any potential fees with your lawyer before hiring them to ensure that you understand what you will be responsible for paying.

It’s also worth noting that some personal injury lawyers may offer a free initial consultation to discuss your case and determine whether or not they can take it on. This can be a good opportunity to ask questions about their fees and any other potential costs associated with hiring them.

It’s important to note that the attorney percentage of the settlement will not affect the overall amount of damages that a client is awarded in a personal injury case. Instead, it will simply determine how much of the damages the lawyer will receive as their fee for representing the client. The average percentage lawyers take in personal injury cases is between 33% and 40% of the settlement or award. 

Higher Percentage

In some cases, the percentage of a settlement that a lawyer is entitled to may be higher than normal. This can occur when the settlement is reached after the filing of a lawsuit. In these situations, the lawyer may be required to take additional steps to negotiate a settlement, such as if the defendant ignores or fails to take the demand letter seriously. In some states, lawyers are permitted to take as much as 40% of the compensation award if the settlement is reached after the lawsuit is filed. It’s important to note that additional costs may still be incurred before the lawyer’s percentage is applied.

Upfront Fees

In some cases, clients may be required to pay a deposit or upfront fees to their lawyer. This may depend on the state or the specific details of the case. Some lawyers may also require upfront fees rather than a contingency fee if the claim has weak evidence or a low likelihood of success. Additionally, lawyers may incur additional expenses that require immediate payment, such as the cost of testing evidence, preparing paperwork, or handling unique aspects of the case. The more work and resources required, the higher the upfront costs may be.

Other Costs In The Lawsuit

In a civil lawsuit, there may be additional expenses beyond the lawyer’s fees. These can include the cost of medical records, reports, police paperwork, expert witness services, and filing fees. These expenses are typically paid by the client before the lawyer’s contingency fee or other arrangement is applied. Depositions and trial exhibits may also be necessary in some cases to present visual aids to the judge or jury, and these can add to the overall cost of the lawsuit. If multiple experts are needed to provide testing, testimony, or reports, the cost to the client may be significantly higher.

Conclusion

In conclusion, the percentage of a personal injury settlement that a lawyer takes can vary based on a number of factors. Contingency fees are often a more cost-effective option for clients as they eliminate the need for upfront legal fees. The percentage of the contingency fee may be influenced by the complexity of the case, the length of time required for resolution, and the amount of work involved for the lawyer. In some cases, clients may be required to pay upfront fees or additional expenses, such as the cost of medical records or expert witness services. It’s important for clients to understand the terms of their agreement with their lawyer and to discuss any concerns or questions they may have about fees and expenses before moving forward with their case.