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Typical Attorney Fees For Personal Injury – Is It Worth Hiring?

By  Dan McCrary | December 12, 2023

It’s a common misconception that hiring a personal injury lawyer is super expensive. Reality is the exact opposite of what we think. Yes, personal injury lawyers are expensive, but you don’t really have to pay a big fee to start the case. 

The typical fees for personal injury are usually charged on a percentage basis. Once the case is won, the lawyer takes a cut based on the agreed-upon percentage, leaving you with the remaining settlement amount.

For your help, we’ll cover what percentages lawyers charge and whether it’s worth it to hire an attorney. You’ll also get the answer of what you should consider before hiring a personal injury lawyer. So, let’s get into the details. 

What Percentage Do Most Personal Injury Attorneys Take?

As stated, personal injury lawyers usually charge on a percentage basis, also known as a contingency fee. This means instead of a fixed fee or upfront amount, the lawyer will ask you to agree upon a specific percentage of the settlement amount. 

In most cases, the percentage of contingency fees varies between 25% and 40%, but it can be higher or lower depending on the severity of the case. The lawyer will charge a fee after you win the case and get the settlement amount. 

Here’s a simple example of a contingency fee: 

  • Suppose you and your lawyer agree upon a 20% contingency fee. 
  • You get the settlement of $20,000. 
  • $20,000 x 0.30 = $6,000 will be the lawyer fee. 

In short, you don’t need a big budget to hire a personal injury lawyer in California law firms, including ours (MCCRARY Law Firm). However, you must bear expenses like case filing fees, investigators or witnesses expenses or any additional costs. 

Is It Worth Hiring A Personal Injury Attorney?

Yes, it’s worth hiring a personal injury attorney. The reason behind backing up the statement is that it’s almost impossible to make the insurer company agree on a fair settlement amount that includes all your medical bills and lost income. 

Without an attorney, the insurance company might try to settle with you for a smaller amount. They might even try to shift all the blame onto you, making it seem like the accident was your fault. 

These victim-blaming tactics sometimes lead the injured person to accept a lower settlement, thinking that going to court and paying for an attorney is too expensive. That’s why you must hire a professional attorney to handle your personal injury settlement case. 

Your attorney will ensure you’re not exploited and receive the rightful compensation. Remember to complete the hiring process as soon as possible because the older your injuries get, the more challenging it will become to secure a fair settlement.

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What Should I Consider Before Hiring A Personal Injury Lawyer?

While it’s important to hire an attorney promptly, it’s equally crucial to ensure you’re choosing the right one. Check these four points to determine if the attorney you’re considering is the best fit for your case.

1. Do A Bit of Research 

The first important thing to do before hiring a lawyer is research. Search the lawyer’s name on Google or social media to find out what other clients say about the attorney or the law firm for their services. 

2. Decide The Fee 

Always discuss the fee for the case in the initial meetings. In general, attorneys charge up to 33.33% of the recovered amount, but the exact percentage can vary. The contingency fee can be high or low, depending on the injury case. 

3. Case Expenses Cost

Besides the contingency fee, consider the cost of case expenses. There are two possibilities: either you cover the case expenses, or the attorney/law firm handles them for you and deducts the amount from the settlement. 

4. Practice Area of Attorney

Check if the attorney specializes in personal injury cases. Lawyers often focus on specific areas of law like car accident cases, traumatic brain injury etc. You should select an attorney who has dealt with similar cases before and has a good winning record.


The typical attorney fee for personal injury is between 20% and 40% of the settlement they help you recover. It's a contingency fee, meaning they only charge if they successfully get money from the insurer.

If there's no recovery, you don't have to pay the attorney. But remember, there are other expenses you might have to cover, like case filing fees, professional opinions, witness expenses, investigator costs, and more.

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    McCrary Accident Injury Law Firm specializes in personal injury litigation. Its founder, Dan McCrary, Esq., spent 14 years working for the insurance companies before switching sides to represent personal injury victims in Rocklin as an attorney.

    Dan McCrary’s years of experience on the defense side taught him exactly how to obtain maximum recovery for his injured clients. If you have been injured in an accident you should contact the Accident & Injury Lawyers, Personal injury Attorney, Car accident lawyers at McCrary Accident Injury Law Firm in Rocklin, folsom, Sacramento to get the money you deserve, and overcome the tactics routinely employed by the insurance companies.