How much does a personal injury lawyer cost?

If you were hurt in a California accident, you can talk to a personal injury attorney without paying anything upfront. This page explains, in plain language, how contingency fees work, what the typical percentages are before and after a lawsuit is filed, and what other costs can come out of a recovery.

The short answer

• You pay no attorney's fee upfront. The fee is a percentage of the money recovered for you, paid at the end of the case.
• If there is no recovery, there is no attorney's fee.
• The percentage is usually lower if the case settles before a lawsuit is filed, and higher if a lawsuit and trial preparation become necessary.
• California law requires contingency fee agreements to be in writing and to state the percentage clearly before you sign.

Frequently asked questions about attorney fees

How much does it cost to hire a personal injury attorney?

Nothing upfront. Personal injury attorneys in California almost always work on a contingency fee basis, which means the attorney's fee is a percentage of the money recovered for you. If there is no recovery, there is no attorney's fee. Your consultation is free and confidential.

What percentage do personal injury lawyers take in California?

It is common in California for the fee to be around one-third of the recovery if the case resolves before a lawsuit is filed, and a higher percentage — often around 40% — if a lawsuit must be filed and the case moves into litigation. These are common industry ranges, not fixed rates. The exact percentage for your case is stated in the written fee agreement you review and sign before representation begins.

Why does the percentage go up after a lawsuit is filed?

Litigation is far more work than a pre-lawsuit claim. Once a case is filed, the attorney conducts formal discovery, takes and defends depositions, hires and prepares expert witnesses, files and opposes motions, and prepares the case for trial. The higher percentage reflects that additional time, risk, and expense.

Do I owe anything if my case does not win?

Under a contingency fee agreement, if there is no recovery there is no attorney's fee. How case costs (such as filing fees or record charges) are handled in that situation depends on the terms of your written agreement, so read it and ask questions before signing.

What are case costs, and who pays them?

Case costs are the out-of-pocket expenses of pursuing a claim: court filing fees, charges for medical records and police reports, expert witness fees, deposition transcripts, and similar items. Personal injury firms commonly advance these costs during the case and are reimbursed from the recovery at the end. Your written fee agreement must explain how costs are handled.

Are attorney fees negotiable in California?

Yes. California Business and Professions Code section 6147 requires contingency fee agreements to be in writing and states that the fee is negotiable between the attorney and the client. The agreement must spell out the percentage, how costs are handled, and what expenses are deducted.

Will medical bills be taken out of my settlement?

Often, yes. Health insurers, medical providers, and government programs such as Medi-Cal or Medicare may have a legal claim (called a lien) to be repaid from your recovery. Attorneys commonly negotiate these liens down as part of resolving a case, which can increase the amount you ultimately keep.

Is the initial consultation really free?

Yes. You can call (800) 800-8910 any time, day or night, for a free and confidential case review. There is no obligation to hire the firm, and you will not be billed for the conversation.

Every case is different, and the right fee structure depends on the facts of yours. The written fee agreement you receive before representation begins controls — read it, ask questions, and make sure you are comfortable with it before you sign.

Questions about fees or your case? Call (800) 800-8910 — free, confidential, 24/7.