What Percentage Do Most Personal Injury Lawyers Take?

Most personal injury lawyers receive between 33% and 40% of your settlement or verdict in exchange for their representation. The standard rate is typically 33.33% (one-third) if your case settles before trial, but this can increase to around 40% if your case goes to court. Law firms have different fee agreements, so it is important to discuss the fee structure with any prospective personal injury attorney before hiring them.

Many people want legal help but are worried about affording it. Contingency fees are meant to ensure that anyone who needs a personal injury lawyer can hire one.

How Does the Percentage Change Based on How Your Case Unfolds?

Your personal injury lawyer’s fee may vary based on how your case is resolved. Here are some common fluctuations in contingency fee agreements and typical fee percentages:

• If the case settles before filing a lawsuit: 33.33% of total recovery

• If the case goes to trial: 40% of the total recovery

• If the client pursues an appeal: 40-45% of total recovery

On a $90,000 settlement, an attorney charging 33% would receive $30,000, leaving $60,000 before medical liens, case costs, and other expenses are deducted. At trial with a 40% fee, the attorney would receive $36,000, and you would receive $54,000.

Reasonableness of Fees

Yes, but the answer depends on the circumstances of the case. In Kansas, KRPC Rule 1.5(a) states that “a lawyer’s fee shall be reasonable.” Missouri’s Rule 4-1.5 similarly prohibits charging an unreasonable fee. What constitutes “reasonable” in either state may depend on:

• The apparent strength of the claim
• The fee typically charged in the area for this type of case
• The amount of time and labor the case will require
• Any time limitations created by delays in bringing the case to counsel
• The lawyer’s knowledge and reputation, and the results they tend to achieve

The strength and value of your case can potentially affect your leverage in negotiating a fee. Higher-value cases sometimes justify a lower percentage because the fee remains substantial regardless. For example, a 30% fee on a $500,000 settlement is still $150,000.

Well-regarded lawyers often command higher fees, but they may also secure more compensation for you in the end, even when taking a larger share.

Fee-Related Questions to Ask a Personal Injury Lawyer Before Signing

Before you sign with any law firm, you should ask:

• Fee percentage at each stage: Ask for specific numbers covering pre-litigation, litigation, and trial, not just one general figure.
• Case expense handling: Find out whether expenses are deducted before or after the fee is calculated, and who covers costs if the case is lost.
• Track record in similar cases: Ask about results in cases like yours. A firm’s success in your type of case matters as much as the fee structure.

Call Wendt Law Firm Today for Your Free Consultation with a Personal Injury Lawyer

The fee percentage an injury lawyer charges matters, but it’s not everything. The fact that you trust your lawyer to handle your case effectively is what matters most.

If you or a loved one has suffered an injury in an accident, call Wendt Law Firm today at (816) 531-4415 or contact us online for your free consultation with our Kansas City personal injury attorneys. Your justice is our mission.