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What Percentage Do Lawyers Take For Personal Injury Claims?

By  Dan McCrary | January 19, 2024

If you’ve been physically or emotionally harmed, or your reputation has been damaged, the best way to deal with it legally is by personal injury claims. Though these claims may not change what has happened, you can get fair compensation for your loss. 

The main reason why individuals don’t choose this way is the lack of knowledge about the process and cost. It’s considered that lawyers take a lot of money for taking personal injury cases to defend you in court. 

In reality, lawyers typically work on a contingency fee basis. This means they only get a specific percentage from the compensation you receive after winning the case. To give you a clear idea, we’ll break down the info about the percentage lawyers usually take for personal injury claims.

What Is The Compensation For Personal Injury?

In most cases, lawyers take fees or compensation for personal injury cases on a contingency basis. The simple definition of contingency fee is a specific percentage of the compensation which a lawyer receives only if they won the case. 

No win means no fee. This is why it’s not difficult to claim compensation for personal injury in terms of finance. However, you’ve got to follow the case, provide evidence, and witnesses, which takes time and energy. 

Example of A Contingency-Based Fee

Suppose you receive the compensation amount of $50,000 in a personal injury case, and you and the lawyer decide on a 33% contingency fee. The lawyer would receive 33% of the $50,000, which amounts to $16,500. The remaining $33,500 would be your net compensation. 

What Is The Highest Percentage A Lawyer Can Charge In Personal Injury Cases?

The percentage lawyers charge in personal injury cases varies from case to case and client to client, but in general, it’s 33% of the compensation amount. It’s important to note that 33% is an average percentage; it can be high, like 40%, or low, depending on the lawyer. 

If you feel that your lawyer is requesting a high fee or percentage of the compensation amount, it’s advisable to seek the opinion of other lawyers. You can contact MCC Law Firm; our experienced lawyers specialize in handling personal injury cases.

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List of Expenses In Personal Injury Cases

The lawyer’s fee isn’t the only expense in the personal injury case; it is the primary one. If you manage the fee with a contingency-based agreement, managing other expenses would be much easier. However, it’s still important to be aware of additional costs.

  • Court Fee: The first expense after the lawyer fee is the court fee. It varies from state to state, so it’s best to check the fee for personal injury cases in your state. 
  • Witness fee: The next is the witness fee. This fee holds significance according to the California Code, Government Code – GOV § 68093, which sets the fee at thirty-five dollars ($35) a day and ($0.20) a mile for travel costs.
  • Investigation cost: You may also have to hire a private investigator. For instance, in cases of accident injuries, the investigator might gather evidence such as CCTV footage and pictures to support your claim.
  • Documentation cost: This includes expenses related to the preparation and submission of necessary documents for your case, like medical reports, bills, loss of wages, and so forth.
  • Additional expenses: Apart from the cost mentioned above, you also have to be prepared for additional expenses that may occur, like postage fees, traveling costs, etc. 

What Is The Success Rate For No-Win No Fee?

The success rate for no-win fee cases depends on how strong your personal injury case is and whether you’ve evidence or not. If your case isn’t strong and you don’t have evidence to show your injury and financial loss, you might lose the case. 

That’s why it’s important to gather strong evidence for your case that supports your injury claims. You can either conduct your own investigation or, for the best results, hire a professional investigator. 

Professional investigators have the expertise to gather compelling evidence and witnesses to navigate the case. This step won’t only enhance your chances of success but also ensure that your case is presented with the utmost credibility.


What percentage do lawyers take for personal injury claims? The simple answer is most lawyers in California charge fees on a contingency basis. It means they'll ask for a specific percentage, usually 33% (it can be more or less) of the compensation amount.

The best part about the contingency fee basis is If you don't win the case, you don't have to pay the lawyer fee. However, there are other expenses like court case filing fees, witness fees, and investigation costs that you have to bear.

Call or Text Us Now (855) 752-6326

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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.