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Personal Injury Lawyer Fees: How Contingency Fees Work

Most personal injury lawyers work on a contingency fee: they are paid a share of what you recover, often one third, and nothing if you lose. You may still have to pay costs such as court filing fees whether you win or lose.

How it works

With a contingency fee, the lawyer takes a fixed percentage of the recovery, often one third. If you lose, you don't pay the lawyer's fee. This arrangement is used in claims for money, most often personal injury and workers' compensation cases. [1]

Costs are separate from the fee

Win or lose, you will probably have to pay court filing fees and costs such as depositions. Ask how these are handled before you sign. [1]

What to ask a lawyer

  • What percentage do you take, and does it change if the case goes to trial?
  • Is the percentage taken before or after costs are paid?
  • Which costs will I owe if we lose?
  • Can I have the fee agreement in writing?
  • Who will actually work on my case day to day?

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Questions

What percentage do personal injury lawyers take?

Contingency fees are often one third of the recovery.

Do I pay anything if I lose?

You don't pay the lawyer's fee, but you will probably still owe costs such as court filing fees.

Which cases use contingency fees?

Claims for money, most often personal injury and workers' compensation cases.

Sources

  1. Legal Fees: Contingent Fees, americanbar.org

This guide is general information, not legal advice. It summarizes the sources above, which were last checked on October 22, 2026. Talk to a licensed lawyer about your own situation.

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