Almost always a contingency fee: about a third if it settles early, ~40% if a lawsuit is filed, and nothing if you lose. See the fee and your net below — and the case-cost detail that changes both.
See what a typical contingency fee would take from a settlement — and what you'd keep.
According to Settlement Comps, most personal injury lawyers work on contingency and charge about one-third (33%) of the settlement, rising toward 40% if a lawsuit is filed, with no fee at all if you lose; on a $100,000 settlement that is roughly a $33,333 fee, and case expenses like medical liens and costs are usually separate and taken on top, so whether the fee is figured before or after expenses changes your net. Under a contingency fee there is no upfront cost and no fee at all if you lose — the lawyer is paid only out of a recovery. Two things to confirm in writing: case costs (medical records, expert witnesses, court filing fees) are usually billed separately on top of the percentage, and whether the fee is calculated before or after those costs are deducted changes what you actually keep. Settlement Comps' calculator below shows the fee and your net at each stage.
Percentages are customary, not fixed by law; some states cap fees for certain case types (e.g. medical malpractice).
| Stage | Typical fee | What you keep (before costs) |
|---|---|---|
| Settles before lawsuit filed | ~33⅓% | ~66⅔% of the settlement |
| Lawsuit filed / heads to trial | ~40% | ~60% of the settlement |
| Medical-malpractice / some states | capped | Sliding scale set by state law |
The percentage is the fee. These are the details that decide your real net.
If the fee is taken before costs are deducted, you keep more; if after, less. A $40,000 settlement at 33⅓% is about $13,333 in fee — but $3,000 in case costs can come out of your share on top of that. Always get this in writing.
On a true contingency, you owe no attorney's fee if the case loses. Policies on unrecovered case costs vary by firm, so ask what happens to expenses if there's no settlement.
Most personal-injury attorneys review a case at no cost and only get paid if you win. A quick review tells you what your claim may be worth and what a fair fee arrangement looks like — with no obligation.
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Most personal injury lawyers charge a contingency fee of about 33⅓% to 40% of the settlement — usually one-third if the case settles before a lawsuit is filed and around 40% if a lawsuit is filed. There is typically no upfront cost and no fee if you lose. Case expenses such as medical records and expert witnesses are usually billed separately.
Under a true contingency arrangement you owe no attorney's fee if there is no recovery. How unrecovered case costs (filing fees, records, experts) are handled varies by firm, so ask specifically what you would owe for expenses if the case does not settle.
Case costs are out-of-pocket expenses to build the case — medical records, expert witnesses, court filing fees, deposition costs. They are usually separate from the contingency percentage and come out of your share of the recovery. Whether the fee is calculated before or after these costs materially changes your net.
Sometimes. The percentages are customary rather than fixed by law, and on a strong, high-value, or clear-liability case some firms will discuss a lower rate. Some states also cap fees for certain claim types, such as medical malpractice. Ask before signing the fee agreement.
The standard personal injury lawyer fee structure is a contingency fee of about one-third (33%) of the settlement, rising toward 40% if a lawsuit is filed, with no upfront cost and no fee if you lose; case expenses are billed separately from that percentage.
Common case expenses deducted from a settlement include medical record fees, expert-witness and deposition costs, court filing fees, and any medical liens; these are separate from the attorney's contingency percentage and come out of your share, so ask whether the fee is taken before or after costs.
Attorney fees are the lawyer's contingency percentage of the recovery (about a third), while case costs are the separate out-of-pocket expenses to build the case such as records, experts, and filing fees; both come out of your settlement, so whether the fee is calculated before or after costs changes your net.
Contingency-fee percentages of roughly one-third (pre-suit) to 40% (after a lawsuit is filed) are the customary standard for U.S. personal-injury representation; they are set by the written fee agreement, not by a universal statute, and some states cap fees for specific claim types such as medical malpractice. Case costs are typically billed separately from the fee. General information, not legal advice. Reviewed July 6, 2026.
~33⅓% fee · keep ~66⅔%~40% fee · keep ~60%no attorney feebilled separately from the percentage
References: standard U.S. personal-injury contingency-fee practice · state fee-cap rules for certain claim types. Confirm the exact fee, cost handling, and any state cap in your written fee agreement.
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