What Percentage Does a Lawyer Get in a Personal Injury Case Settlement?

While many people would like to get help from an attorney for their personal injury cases, the fear of high legal costs sometimes deters them. Fortunately, contingency fees reduce apprehension and make legal services more accessible.

Personal injury lawyers typically work on contingency fee arrangements. It’s common to wonder, “what percentage does a lawyer get in a settlement case?” Continue reading to better understand contingency fees and what to expect under these agreements.

What Is a Contingency Fee?

Contingency fee arrangements make pursuing compensation for your accident and injuries more accessible. A contingency fee is a type of payment for a lawyer’s services. 

Instead of paying your lawyer hourly for their work on your case, your lawyer works on your case without billing you. Then, once a settlement has been reached for your case, your lawyer will take an agreed-upon percentage of your recovery.

When your lawyer takes their percentage, this serves as a payment for their legal services and reimburses them for expenses, including court and other legal fees.

When you hire your personal injury lawyer, they will present you with a contingency fee agreement before they begin working on your case. If you’re wondering what percentage does a lawyer get in a settlement case, there’s no need to worry — your agreement covers this information in detail, so you’ll know what your lawyer is getting.

What Are the Benefits of Working Under a Contingency Fee Arrangement?

There are various benefits to contingency fees. The two most significant advantages are as follows.

No Upfront Costs to You

One of the biggest benefits of contingency fee arrangements is that you don’t have to pay anything out of pocket. While this may seem too good to be true, it is the way this system works.

Filing lawsuits can be costly, and attorney fees can add up quickly. This is why most people fail to get the legal help they need.

But contingency fees eliminate the fear of high legal costs, allowing you to work with a personal injury attorney with no upfront fees.

No Fee If You Don’t Win Your Case

The second biggest benefit of working under a contingency fee arrangement is never having to worry about paying your lawyer should your case lose. 

Many believe a contingency fee is great until they lose their case. Once a case is lost, the fear of legal fees once again starts creeping in. Fortunately, this is not the case. Rest assured that you are not on the hook for attorneys’ fees if your case results in an unfavorable outcome.

What is a Typical Contingency Fee in a Personal Injury Settlement?

A contingency fee percentage is typically anywhere from 33 1/3% to 40% of your personal injury recovery. This should be clearly outlined in your agreement with your attorney.

How Much Can I Expect to Receive from My Personal Injury Settlement?

What you can expect to get from your personal injury settlement depends on the value of your case. Several factors affect what your case is worth, including:

  • The extent and severity of your injuries
  • Whether you’ll require medical care in the future
  • How long it takes for you to recover from your injuries
  • Whether you lost time at work and pay due to your injuries
  • Whether you contributed to your accident
  • Any additional tangible and intangible losses you suffered

A personal injury attorney can thoroughly examine the details of your case to determine the monetary value of your case. While no settlement amount is guaranteed, your lawyer will fight to pursue maximum compensation on your behalf.

How Long Will My Personal Injury Case Take to Settle?

There is no average time for a personal injury case to settle.

Many details contribute to the length of time it takes to resolve your case, including any of the following:

  • The defendant or insurance company’s willingness to settle
  • How long it takes for you to complete medical treatment and recover physically
  • How long the case’s discovery phase lasts
  • Whether your case settles outside of court or goes to trial

It can be frustrating to wait so long to receive financial compensation, but you can feel confident knowing your lawyer knows what they’re doing. Whether your case settles outside the courtroom or goes to trial, your attorney will represent your best interests and fight for a fair outcome.

How Does My Lawyer Get Paid?

Once your case is settled, you will not receive a check directly from the court or opposing party. Typically, your settlement check is sent to your personal injury attorney. Your lawyer then deposits the check, deducts their percentage, and issues a check to you for the remaining amount.

This process eliminates any additional concern or responsibility on your end, ensuring your lawyer is fairly paid and you receive your share as soon as possible.

After an Accident, Consult with a Personal Injury Attorney

Contingency fee arrangements give you peace of mind and make it easier to seek the legal assistance you need after an accident. 

If you need an attorney but still wonder, “what percentage does a lawyer get in a settlement case?” do not hesitate to contact a personal injury lawyer to have your questions answered as each agreement may be different.


Since 1992, our personal injury attorneys at the Pines Salomon Injury Lawyers, APC. have been fighting for the people of San Diego. Now, when those injured in automobile accidents – including cartruck, and motorcycle accidents – need financial help, or for the families that need to know that the loss of a loved one could have been prevented, there is a personal injury law firm in San Diego that is on their side. If you or a family member has been injured, call the lawyers at Pines Salomon Injury Lawyers, APC. There’s never been a better time than right now to speak to a personal injury attorney—FREE of charge. Call us at 858-551-2090 or request a free consultation online today!