How Much Does a Personal Injury Lawyer Cost: Contingency Fees, Case Costs, and What You Pay If There Is No Recovery

A personal injury lawyer may agree to a contingency fee, which means the lawyer's fee depends on obtaining a recovery. The percentage and the expense terms come from the written agreement, and they vary by state, type of claim, lawyer and stage of the case. ABA Model Rule 1.5(c) (opens in a new tab) says the agreement should state the percentage for settlement, trial or appeal, whether expenses come out before or after the fee is calculated, and which expenses the client owes whether or not the case wins. Some claims also carry limits set by statute or court rule, so a percentage used in one state is not a national legal rate.

What does a personal injury lawyer charge?

A contingency arrangement charges a percentage of whatever is recovered, and no fee for the lawyer's time if nothing is recovered. TexasLawHelp (opens in a new tab) describes a typical contingency percentage as between 33.33 percent and 40 percent, with 33.33 percent before litigation and 40 percent if the case enters litigation. It presents those as typical arrangements, not as a rule of law.

The percentage is only one part of the cost. State Bar of California guidance (opens in a new tab) separates the lawyer's fee from court costs and other expenses, and notes that those expenses may still be owed even when a case is lost. So, when you compare lawyers, compare two things side by side: the fee percentage and the treatment of case costs.

Is one-third a legal rate?

No. One-third is a common figure in many ordinary injury matters, but it is a negotiated custom. The State Bar of California says contingency fees are negotiable and are not generally set by statute or law, subject to specific exceptions.

Some claims are regulated. New York, Federal Tort Claims Act matters and Texas workers' compensation claims each have their own limits, covered below with the state or agency named, because the governing state and the type of claim decide which percentage can apply.

Does the percentage change if the case is filed or tried?

It can. Many agreements use one percentage before a lawsuit, a higher one after filing, and sometimes a different one at trial or on appeal. The Florida Bar says the fee is generally a percentage of the recovery, that an additional percentage may apply if the matter is tried again or appealed, and that the amount depends on the stage of the case and the amount recovered. TexasLawHelp describes the same pattern for Texas with its 33.33 percent pre-litigation and 40 percent litigation examples.

New York works differently. Under Part 806.27 of the Appellate Division rules (opens in a new tab), personal injury and wrongful death claims other than medical, dental or podiatric malpractice use Schedule A, which is 50 percent of the first $1,000, 40 percent of the next $2,000, 35 percent of the next $22,000, and 25 percent above $25,000. Schedule B allows a percentage not above 33⅓ percent if it is selected in the initial arrangement. That is a New York court rule, and it should not be read as a national custom.

What expenses are separate from the lawyer's fee?

Case expenses are the charges for pursuing or resolving the matter, apart from the lawyer's own pay. Examples are filing fees, service fees, medical records, copying, deposition and transcript charges, fees for outside witnesses hired to give opinions on technical questions, investigators, and other litigation costs.

Under ABA Model Rule 1.5(c), the agreement identifies the litigation and other expenses that will be deducted from the recovery. State Bar of California guidance adds that a client may owe some or all court costs and other expenses whether the case is won or lost. Who advances each expense and who ultimately bears it are questions the contract answers, within the state's law and ethics rules. One agreement may have the lawyer advance costs and recover them from the settlement; another may have the client pay as costs come up.

Who pays expenses if there is no recovery?

The contract controls. A lawyer on contingency may receive no fee after a loss, while the client may still owe the expenses the agreement assigns to them, as State Bar of California guidance explains. The Florida Bar says the lawyer may receive no fee after a loss while the client may still owe costs unless the contract says otherwise.

So, "no fee unless we win" and "no costs unless we win" are different promises. The first concerns the lawyer's fee; the second concerns filing fees, records and the other items above. The loss clause shows which one the agreement makes.

What must a contingency-fee agreement say?

Three sets of rules are useful here, each with its own jurisdiction.

ABA Model Rule 1.5(c). This is a national model, not a rule that binds every state. It permits a fee contingent on the outcome unless the rule or other law prohibits it, and it requires the agreement to be "in a writing signed by the client." The agreement must state how the fee is calculated, including the percentages for settlement, trial or appeal; the litigation and other expenses deducted from the recovery; whether those expenses come out before or after the fee is calculated; and the expenses the client owes whether or not the client prevails.

Texas. Texas Disciplinary Rule 1.04(d) (opens in a new tab), effective March 7, 2025, says a contingent fee agreement "shall be in writing" and must state the method of determining the fee. If the percentage differs for settlement, trial or appeal, each percentage must be stated. The agreement must also state the expenses deducted from the recovery and "whether such expenses are to be deducted before or after the contingent fee is calculated."

California. California Business and Professions Code section 6147 separately requires written agreements and certain disclosures. The State Bar of California reproduces the section in its official publication (opens in a new tab).

Gross versus net matters. A percentage taken from the gross recovery is calculated before expenses are subtracted; a percentage taken after specified expenses has a smaller base. The agreement should say which applies.

How is settlement money distributed?

A settlement statement usually shows the gross recovery, the lawyer's fee, reimbursable expenses, medical liens or reimbursement claims, and the amount that goes to the client. The order and authority to pay each item depend on the agreement, the applicable law and whether each third-party claim is valid.

When a matter ends with a recovery, ABA Model Rule 1.5(c) and Texas Rule 1.04(d) both call for a written statement of the outcome, the remittance to the client and the calculation method.

Texas also regulates how the money is held. Texas Rule 1.15 (opens in a new tab), Safekeeping Property, effective March 7, 2025, requires a lawyer to keep client and third-party property separate from the lawyer's own. When the client or lawyer and another person both claim an interest in funds, those funds stay separate until the dispute is resolved and the interests are accounted for.

What can reduce the client's net recovery?

A valid lien or reimbursement claim can reduce what is available to distribute. The amount and priority depend on the applicable law, plan terms, agency rules and the facts of the settlement.

Hospital liens in Texas. Under Texas Property Code Chapter 55 (opens in a new tab), a hospital may have a lien on a cause of action or claim when a person receives hospital services for injuries caused by another person's negligence and is admitted within 72 hours after the accident.

Medicare. Medicare may make conditional payments when a liability insurer, no-fault insurer or workers' compensation entity has primary payment responsibility but does not pay promptly. CMS (opens in a new tab) says the Benefits Coordination & Recovery Center may seek reimbursement after a settlement, judgment, award or other payment. CMS also describes processes for conditional-payment letters, disputes, final conditional-payment calculations and settlement reporting. The Final Conditional Payment process (opens in a new tab) has stated timelines, such as notification within 120 days of settlement, subject to CMS eligibility conditions.

Other claims. Health insurers and Medicaid can also assert reimbursement rights, so the settlement statement should show how each is handled.

How do Texas rules work?

These are Texas examples only. Rule 1.04(d), described above, governs contingent fee agreements. Texas Labor Code section 408.221(i) (opens in a new tab) covers workers' compensation. Except for stated statutory exceptions, a claimant's attorney fee may not exceed 25 percent of the claimant's recovery, and fees must be approved under the statute.

Our guides on whether you need a lawyer after a car accident and the Texas statute of limitations for personal injury cover the surrounding questions.

How do other states differ?

The same word, "contingency," means different things in different places. The examples below carry their jurisdictions.

These examples do not make a general national cap. The federal limits apply to Federal Tort Claims Act claims, and the New York schedule in §474-a addresses medical, dental and podiatric malpractice only. Identify the state, the type of claim and the court or agency before relying on any percentage.

What alternatives exist if upfront payment is a concern?

A contingency agreement is one option, if the lawyer and the matter qualify and the written terms address costs. Others are listed here.

• A lawyer referral service. The Texas Judicial Branch (opens in a new tab) says the State Bar referral service can provide an initial 30-minute consultation for $20, and that it is not a free or reduced-fee legal service.
• Legal aid, for people who meet a program's eligibility and case criteria.
• Limited-scope representation. The lawyer does defined tasks for an agreed fee. TexasLawHelp (opens in a new tab) describes services such as document review, drafting, negotiation coaching, or help with part of a case.
• A flat fee or hourly rate for defined work, if the lawyer offers it.
• Court-fee waivers, where available, for qualifying court costs. A fee waiver does not provide a lawyer; see TexasLawHelp on court fees and fee waivers (opens in a new tab).

What should you ask before signing?

A fee agreement should answer these questions, and you can ask the lawyer to point to the clause for each one.

• What percentage applies before a lawsuit, after filing, at trial and on appeal?
• Is the percentage calculated from the gross recovery or after specified expenses?
• Which expenses count as case costs, and who advances filing fees, records, outside witnesses, depositions, investigators and transcripts?
• Who owes expenses if there is no recovery?
• How are medical liens, Medicare, Medicaid and insurer reimbursement claims handled?
• When will you receive a written settlement statement?
• Which services fall outside the agreement, and how is that work billed?
• What happens if you change lawyers, or the lawyer withdraws, and will another firm share the fee?
• Is the lawyer licensed in the state where the matter will be handled?
• What dispute process applies to a fee disagreement?

How can you check a lawyer's license and discipline history?

Each state keeps its own records.

• Texas. The State Bar of Texas provides an attorney search and public discipline resources. Its Client-Attorney Assistance Program (CAAP) (opens in a new tab) can help with communication and point clients to resources, but it does not recover fees or refunds. A fee disagreement can start with a direct conversation with the lawyer, and the State Bar lists other ways to resolve fee disagreements (opens in a new tab), including local bar programs.
• California. The State Bar's Attorney Search (opens in a new tab) shows license status and disciplinary and administrative history.
• Florida. The Florida Bar explains how to view a lawyer's profile and public discipline records (opens in a new tab), including status, bar number, admission year and discipline history.
• New York. The court system's Attorney-Client Fee Dispute Resolution Program (opens in a new tab) offers a court-administered process for eligible disputes.

Frequently asked questions

What is a contingency fee?

It is a fee tied to the outcome, usually stated as a percentage of the recovery. The written agreement sets the percentage and the treatment of expenses, so read both together.

Do I pay a lawyer upfront?

A contingency arrangement may require no upfront legal fee. The agreement may still assign case expenses to the client, so ask whether the lawyer advances them and when they are repaid.

What happens to Medicare payments?

CMS may seek reimbursement for conditional payments connected to the injury after a settlement, judgment, award or other payment. Reimbursement claims like this are one reason the amount you receive can be lower than the headline settlement figure.

Will I get a written settlement statement?

Under ABA Model Rule 1.5(c), a contingent-fee matter ends with a written statement of the outcome and, where there is a recovery, the amount remitted and how it was calculated.

Next step

Once you know what questions to ask, you can look for a law firm that handles injury claims in your state. Browse law firms in our directory, or start from the practice areas page. Our guide on how much a divorce lawyer costs covers family-law fees separately, since those rules differ from injury claims. Rules and pages cited here are current as of October 1, 2026.