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The Percentage Lawyers Take for Personal Injury Claims - a Few Things You Need to Know Before Hiring Legal Help

Understanding the expenses you must consider when hiring a lawyer can be as challenging as going to court.

This article makes sense of it all by presenting the answers you need.

What Percentage Do Personal Injury Attorneys Take for Claims?

Generally speaking, when you file a personal injury claim, your personal injury attorney gets 33% of the final settlement amount of the case.

Many people don’t understand this comes from the gross amount, so naturally, people wonder, ‘What percentage do lawyers take?’ for a reason. Your personal injury attorney might have a different fee structure, so talking to them about these details is essential. Still, this ultimate guide will help injury victims understand the financial ramifications of personal injury attorney fee structure percentages once and for all.

How Does a Personal Injury Lawyer’s Fee Structure Work?

Suppose you’re curious about how personal injury lawyers charge for their services and how you can identify your ideal law firm. In that case, you should know about the personal injury cases’ fee structure. Most personal injury lawyers charge after your case is resolved. Therefore, you don’t need to worry about paying money upfront because they handle everything until you get your results.

An experienced personal injury lawyer will fight for you and guarantee you get the best results possible. Overall, they aim to get you a settlement or court award for your car accident or any other accident, so they passionately defend you, gather evidence, deal with the other party’s insurance company, etc.

Winning a personal injury case is challenging, but when you’re working with a car accident lawyer, they understand that the accident might’ve been unexpected for you. Therefore, many of them work with unique fee structures, for example, helping you on a contingency fee basis. The next section discusses that in detail.

What Are Contingency Fees?

Many personal injury lawyers can take your personal injury case on a contingency fee basis. This means the attorneys’ payments depend on them winning the case for you. Even though you might think using a contingency fee structure is not beneficial for the personal injury lawyer, you should remember that attorneys want what’s best for you.

The idea behind a contingency fee structure is that the amount of money lawyers take for their personal injury cases depends on the settlement they can negotiate for their clients.

You might wonder, ‘How much percentage do lawyers take in these cases?’ but you shouldn’t think about it much. It’s the same amount previously mentioned, only that instead of paying anything upfront, they will get it after you’ve received your settlement.

Do All Personal Injury Lawyers Use a Contingency Fee Structure?

Most personal injury attorneys offer their legal services on a contingency fee basis, but not all of them. At the same time, some give you this option depending on your type of case.

For example, if you were in a car accident, your personal injury case might qualify for contingency attorney fees. However, if you want to know all the details of what your lawyer offers, ask them during your free case evaluation.

The Sliding Scale Alternative

On occasions, car accident lawyers who are specialists in personal injury law will offer an agreement in which their contingency fee percentage depends on the stage of the process in which they can resolve your case. The name for this option is the ‘sliding scale.’ With this alternative, if your lawyer, for example, manages to negotiate and get your settlement before even having to file a lawsuit, their legal fees might be even lower than 33%.

However, suppose they have to go to trial, gather evidence (especially if you suffered grave damage such as a traumatic brain injury), go through medical records, get witness testimony, take care of filing fees, negotiate with the insurance company, and take care of other costs. In that case, the percentage of the contingency fees might change.

Why Are Percentage Fees Part of the Standard?

Depending on the case, an experienced attorney can get almost any amount of money for the client’s settlement. Even though some lawyers require payments to take care of upfront costs and others work solely based on contingency fees, injury victims who were in car accidents don’t need to worry about getting a fair settlement when they hire an expert to provide legal advice.

Thus, a legal professional usually relies on percentage fees and contingency fee agreements because it guarantees they will get a fair payment for working with the client. Once the settlement occurs, the lawyer can make sure that the client is getting fair compensation for their car accident cases, workers’ comp, or any other situation they went through. At the same time, they’re ensuring they’re receiving what they deserve for their services.

Costs and Expenses – How to Handle Them Before Hiring Your Lawyer

Legal fees differ from what you pay when hiring other services. Therefore, you must ask your to-be lawyer for all the details about their pricing structure when you’re getting your free consultation.

If you sustained a serious injury, have a wrongful death case, need to take care of medical bills, would like some financial recovery, or want to make sure that you have a favorable outcome after taking legal action, hiring a passionate lawyer to help you is ideal.

Reputable law firms offer clients top-notch assistance, so if you find an attorney advertising their services, try to find out where they work. Additionally, remember to get your free consultation (also known as a no-obligation consultation) and discuss the personal injuries you sustained and any consequences you’re going through in the present.

You Have Fewer Risks with a Contingency Fee Agreement

A fee agreement guarantees that your lawyer will try to ensure the liable party pays for what they did, although they’re not getting an hourly fee.

It’s also imperative to notice that when you get an attorney under these conditions, the firm must handle all sorts of expenses. Expert witness fees, trial exhibits, copying, long-distance calls, and other fees are some of the things they handle when they’re working on your case, and you don’t have to worry about paying for any of them until you get your settlement.

Nonetheless, you should always sign a written agreement with your attorney and ensure that it exhibits the details of the pricing structure you’re handling.

Your Personal Injury Lawyer Might Receive the Settlement Check

It is common practice at the American Bar Association to have the attorney receive the settlement check. Remember that even though you might be dealing with injuries, lost wages, physical therapy, and other factors, the attorney has worked for weeks with you.

The law firm has taken care of fees and common costs to guarantee that your lawyer can get you the compensation you should get. If the defending party did not want to pay, they likely sent a demand letter and implemented other legal strategies to get your payment.

Thus, having the attorney receives the compensation check shows trust and fairness. Once the lawyer has charged the agreed percentage for their assistance, they will give you the rest of the settlement.

No Fees if There Are No Wins

The basis of a contingency-based fee is that you won’t have to pay anything if you don’t get a settlement from the other party. Nonetheless, going to your free consultation is essential because your potential lawyer will evaluate your case in that meeting. On occasions, you might have to sign a retainer agreement explaining if there are any billable hours to take care of in case your claim does not go in your favor.

What Happens if You Switch Lawyers

You can change your attorney even if you’re paying contingency fees. The attorney-client relationship is essential; if you’re uncomfortable working with a specific professional, you can get help from a different person. However, remember that switching attorneys can change your chances of getting a fair settlement from insurance companies. Additionally, you might have to take care of specific fees or even pay them an hourly rate, which might vary depending on how much time they spent on your case.

In some cases, clients ignore different factors that come into play when filing their claim, try to pay their lawyer a lower percentage, and then want to switch the professional they worked with. The attorney has a right to sue if the person does not meet the agreements they signed when starting to work with them.

Resolving Personal Injury Cases Requires Time and Expertise

Negotiating with insurance companies, taking care of different costs, investigating the causes of an accident, handling legal expenses, gathering proof to sustain your injuries, and filing documents require an expert lawyer to be able to do it all.

If you don’t want your accident to be left unchanged and are willing to go to court for your accident, even out the playing field and get a lawyer to help you resolve your personal injury claim.

Getting a Lawyer for Your Personal Injury Claim Is the Best Alternative

Everything from handling the negligent party’s insurance companies to handling costs and expenses and going to court is challenging. Even though less than one-third of all personal injury cases go to court, you should still hire an expert attorney to help you and get the best chance of getting justice for what you suffered.

Ehline Law Firm – Hire Top Experts

If you seek legal help, you need to contact specialized experts to help you file your lawsuit and help negotiate with the insurance company. Call us at Ehline Law Firm, and let’s start this process together.


Here are some additional answers to frequently asked questions:

Michael Ehline is an inactive U.S. Marine and world-famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of U.S. history’s largest motorcycle accident settlements. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients.
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Michael Ehline

Top Injury lawyer, Michael Ehline, Esq.
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