Personal Injury lawyers rarely charge an hourly rate but instead charge what is called a “contingency fee.”
If you need a personal injury lawyer to represent you in California, it is very likely that you will be paying a “contingency fee” for his or her representation. This means that your legal professional’s fee would be taken from the final settlement or verdict that you would receive for your claim.
If your attorney loses or is unable to obtain money on your behalf, he or she will not require any payment from you for their services.
“Contingency Fees” Affect on Settlements
In California, a common “contingency fee” percentage charged by an attorney would be 33.33% or one-third of the amount of the settlement obtained or verdict awarded to you by the court.
However,a legal professional’s rate can range from 25% to 75%, depending upon a number of factors. These percentages often depend on your lawyer’s experience, the laws of the state you live in, whether or not your case goes to trial, as well as the complexity of your case.
When you and your lawyer agree on the percentage of a “contingency fee,” he or she will prepare the written agreement that both of you will need to sign.
After signing the retainer agreement, your lawyer will provide you with a signed copy which will include your agreed-upon rate.
Why Some Personal Injury Claims Make Attorneys Cost More
In most situations, personal injury lawyers will pay all costs and expenses needed to properly handle your case and then deduct them from your settlement or verdict amount.
While many attorneys will charge 33.33% for most of their clients, there are certain situations that can alter the amount that some attorneys will require for their services.
The following are common costs associated with these claims:
- Police reports
- Filing and postage
- Investigator fees
- Expert witness fees
- Medical records fees
- Trial exhibits and depositions fees
Thus, if your attorney covered costs and expenses needed to pursue your claim, his or her final rate percentage may be between 45% to 60% of your settlement or verdict.
Moreover, your case will be more costly if it has been settled after taking the case to trial. The longer it takes to settle your claim means the more expenses you will have to endure.
The Most an Attorney Should Take
An attorney’s rate is often negotiated and, as mentioned above, will depend on the time your claim takes to settle—the complexity, and the costs and expenses associated with your claim.
In California, the typical maximum rate is 40% if your case was settled before going to trial. However, a lower fee percentage can be negotiated with some attorneys.
Every claim is different, and the “Contingency fee” percentage that your claim will require depends on many different factors, but anything more than 55% is usually exorbitant.
When negotiating a “contingency fee” with a personal injury attorney, it is essential to remember that the skills and the reputation of your lawyer are very important.
A more experienced and well-respected legal professional, who charges more than the standard rate, may be able to recover a higher settlement than a less experienced attorney who charges 33.33% for their services.
These cases do not have a set minimum or maximum settlement amount and the settlement amount depends on the extent and nature of your injuries such as the amount of time your injury is expected to last as well as the amount of economic damages you have endured.
If you are trying to figure out how much your claim is worth, we recommend that youspeak withour Orange County personal injury lawyers for a free consultation.
Attorney Timothy J. Ryan hashelped injury victims recover more than $1 billionsince 1981 from his office at Beach and Warner in Huntington Beach, CA. He has a no-win, no-fee promise, very competitive fees, and there is no obligation to retain when taking advantage of your free consultation. Call (714) 898-4444to get help now.
FAQs
The amount your lawyer will take off the top of your settlement is a reasonable percentage for all the time and resources they put into your case. This percentage is typically around 33 percent. A Florida personal injury lawyer from our firm will explain how payment works in more detail so there are no surprises.
What percentage do most personal injury lawyers take? ›
The specific percentage that lawyers take for personal injury cases varies but averages between 33% and 40% in most personal injury cases in California. For example, if a client receives a settlement of $100,000, the lawyer's fee, at 33%, would be $33,000. The remaining $67,000 goes to the client.
What's the most an attorney can charge? ›
The hourly fee attorneys charge could range from as low as $50 or $100 per hour to as high as several thousand dollars per hour for specialized legal work performed by a top professional. According to the Clio 2022 Legal Trends Report, the average attorney hourly rate was $313.00 in 2022.
Is there a cap on attorney fees in Florida? ›
A 40 percent fee is allowed up to $1 million if the case is settled or won at any point after an answer is filed or demand for appointment of arbitrators. In addition to the 40 percent fee, an attorney may charge a maximum of 30 percent on any recovery between $1 million and $2 million.
How much can you get for pain and suffering in Florida? ›
Generally speaking, there is no cap on the amount of damages that can be awarded for general pain and suffering in Florida. However, if the lawsuit involves medical malpractice, then there is a limit of $500,000 that can be awarded.
What is the success fee for personal injury? ›
This is known as a success fee and pays your solicitor for the time they've spent working on your case. Under a No Win No Fee agreement, the success fee is taken as a percentage of your compensation, regardless of the settlement figure you receive.
What is the highest personal injury settlement? ›
Here are the Largest Personal Injury Awards & Settlements in US History
- $206 Billion Dollars for The Tobacco Master Settlement Agreement. ...
- $150 Billion For The Family of Robert Middleton. ...
- $20 Billion for the BP Oil Spill. ...
- $4.9 Billion For The Anderson Family From General Motors.
In the example above, the retainer is considered unearned until the court case is closed and finalized. These unearned fees do not belong to the person performing the tasks—in this case, the lawyer—until work begins. Any unearned retainer fees that are not used can be returned to the client.
Is an attorney more powerful than a lawyer? ›
What is the difference between a lawyer and an attorney? It is helpful to remember that all attorneys are lawyers, but not all lawyers are attorneys. The major difference is that attorneys can represent clients in court and other legal proceedings, while lawyers cannot.
What is the lowest paying attorney? ›
Legal Aid Attorney: $42,000
Legal aid attorneys may be paid by the hour or a yearly salary, depending on the organization they work for. The median annual salary for legal aid attorneys is $42,000 but can increase to around $63,000 in certain states and after many years of experience.
The amount your lawyer will take off the top of your settlement is a reasonable percentage for all the time and resources they put into your case. This percentage is typically around 33 percent. A Florida personal injury lawyer from our firm will explain how payment works in more detail so there are no surprises.
What is a retainer fee? ›
A retainer fee is the upfront cost of a service before the service has been performed. In other words, it's a form of advance payment often required by a consultant, lawyer or freelance professional. For example, a lawyer charges their client a retainer fee prior to the client using their services.
How long is a lawyer retainer good for? ›
But how long is a lawyer retainer good for? Generally, a lawyer retainer is good for the duration of the legal matter for which it was paid. For example, if a client pays a retainer to handle a personal injury case, the retainer will typically cover the lawyer's fees and expenses until the case is resolved.
What is the payout for chronic pain? ›
Based on the following sampling of case law, the range for general damages awarded for suffering from chronic pain syndrome (CPS) as a result of an accident is between $39,818 – $436,901 [adjusted for 2023 inflation rates].
How much can you get for emotional distress in Florida? ›
There is no set amount of money you can recover in a settlement when suing for emotional distress in Florida. However, if your lawsuit is against a government entity or a medical malpractice claim, there is a cap on damages. The cap is $200,000 in the former situation and $500,000 in the latter.
How are personal injury settlements paid out in Florida? ›
At the end of the process, you will receive a check from your attorney. This check will be less than the total settlement amount, as all of your expenses and legal fees will have been deducted previously. The amount you recover reflects the full settlement minus attorney fees, court costs, liens, and other expenses.
What percentage do most lawyers take as a contingency fee? ›
Contingent fees can vary from attorney to attorney and case to case. The average cost of a contingency is between 30% – 60% depending upon the number of possible client wins, the strengths of the case, or other factors.
What are reasonable attorney fees in California? ›
Lawyers in California typically charge between $178 and $509 per hour, with the average being $344. For comparison, District of Columbia has the highest average hourly rate at $392 while West Virginia has the lowest average hourly rate at $162.
What's the most a lawyer can take from settlement in California? ›
Most personal injury lawyers in California take between 33 to 40 percent of each settlement or award they win, but can go as high as 50 percent depending on the complexity of the case. This reflects cases taken on a “contingency fee” basis.
What is the maximum contingency fee in California? ›
In California, you will usually not see a contingency fee over 40% for most law firms. * In such cases (frequently called “medical malpractice” cases), the portion of the recovery which may be charged for an attorney's contingency fee cannot exceed statutorily designated percentages.
Personal Injury lawyers rarely charge an hourly rate but instead charge what is called a “contingency fee.”