If you have been hurt in an accident you may ask what percentage do lawyers take for personal injury claims in California. Understanding this question matters because hiring a lawyer is one of your biggest decisions. In Los Angeles and across California a clear fee agreement gives you peace of mind. This guide explains how attorney fees work, what typical percentages apply, and how you can make sure you recover as much as possible.
First, Deldar Legal explains some quick facts about what percentage do lawyers take for personal injury:
- Most personal injury lawyer fees in California run between 33% and 45% of the recovery.
- The exact percentage depends on case complexity stage of resolution and risk taken by the attorney.
- California law requires contingent fees be in writing and clearly explained.
- You may still recover compensation even after fees costs and expenses are deducted.
- Deldar Legal offers free consultations 24/7 when you call us at (844) 335-3271.
California Laws on Fee Agreements
California law governs how personal injury lawyers can charge fees. Under California Business & Professions Code §6147 and Rule 1.5 of the California Rules of Professional Conduct your legal fee agreement must be in writing. The contract must state the percentage fee the attorney will take and how costs and expenses will be handled and that you have the right to negotiate the terms.
For many clients, contingency fees make hiring a lawyer possible. Most people cannot afford hourly billing for complex injury claims. With this model, your lawyer advances costs for things like medical records, expert reports, and court filings, and is reimbursed later from your recovery. The written contract must clearly explain the percentage charged, how costs are handled, and what happens if the case ends early.
For filing a claim, you generally have two years from the date of injury to file your lawsuit under California Code of Civil Procedure §335.1. Filing your case affects the stage at which fees may rise because cases that go to trial take more time and risk for the attorney. The sooner your lawyer resolves your claim the lower the fee percentage is likely to be in many cases.
What Percentage Do Lawyers Take for Personal Injury – Contingency Fee Example
In a hypothetical situation, let’s say your case settles for $300,000. If your fee agreement sets the attorney’s percentage at 33%, the lawyer’s fee would be $99,000. Attorney costs, such as filing fees or medical record expenses, are usually deducted after the attorney’s fee is taken.
Examples of Costs and Expenses:
- Filing fees for court documents
- Medical record requests and copying charges
- Expert witness or investigator fees
- Depositions and transcripts
- Travel and administrative expenses
Every agreement should specify how these costs are calculated. Some firms deduct case expenses before applying the percentage, while others apply the percentage first and subtract costs later. Always ask your lawyer to show exactly how your net amount will be calculated so there are no surprises.
Looking at What Percentage Do Lawyers Take for Personal Injury
In California, most personal injury cases use a contingency fee basis which means the lawyer only gets paid if you win. Typical ranges for these fees fall between 33% and 45% of the recovery. Cases that settle before a lawsuit is filed often sit closer to the lower end of that range. If your case goes to trial or appeals the percentage may increase.
Factors that Affect Fee Percentages:
- How early the case settles vs. going to trial
- The complexity of proving your claim and negotiating with insurers
- The amount of legal risk the attorney assumes and upfront costs they advance
- The overall size of your recovery and expected future care needs
These figures represent averages, not fixed rates. Some firms adjust their percentage based on risk, expenses, or unique case details. A straightforward claim with clear liability may fall toward the lower end, while a case involving serious injuries or disputed fault may fall on the higher end. Each of these factors affects how much effort your attorney must devote, which in turn shapes the final fee percentage.
Step-by-Step – Hiring a Lawyer and Understanding Fees
Here is a simple checklist to follow when deciding on legal representation and fee terms:
- Check fee agreement in writing – Make sure it lists the exact percentage the lawyer will take and how costs will be handled.
- Ask about costs and expenses – Understand whether you will pay if you lose or how costs will be recovered from settlement.
- Discuss timeline and estimated fee – Ask where your case falls in the 33%-45% range and why.
- Confirm settlements vs. trial impact – Find out if there is a different fee if the case settles quickly or goes to trial.
- Clarify your net recovery– Make sure you understand what you receive after attorney fees and case costs.
Reviewing these items with your attorney ensures you are fully informed and comfortable with the agreement. When your lawyer explains these details clearly, it builds trust and prevents misunderstandings later.
When Fees May Be Different and Why Evidence Matters
Not every personal injury case follows the same fee structure. Certain types of claims come with special rules, and the quality of your evidence can also affect the percentage your lawyer charges. Strong documentation gives your attorney more leverage to negotiate and reduces the financial risk of taking your case.
Cases Where Fee Percentages May Differ
Some personal injury claims in California have specific requirements that may change how contingency fees are calculated:
- Government claims – These cases follow strict deadlines and additional filing steps, which can require more attorney time and resources.
- Claims involving minors – Settlements for children must be approved by the court, and special limits may apply to how much an attorney can collect in fees.
- Medical malpractice claims – Under California’s Business and Professions Code §6146, there are statutory limits on attorney fees based on the total recovery.
These exceptions do not apply to most injury cases, but your lawyer should explain if any of these rules affect your situation.
Evidence That Strengthens Your Case and Influences Fees
The amount of work your attorney must do, and the level of risk they take on, can influence the fee percentage. The stronger your evidence, the more efficiently your lawyer can resolve your claim. You should collect:
- Police reports and witness statements – Help prove who caused the crash and establish liability.
- Medical records and treatment notes – Document the extent of your injuries and support the value of your claim.
- Bills and wage loss records – Show the financial impact of your injuries, including lost income and out-of-pocket costs.
- Photographs or videos – Capture the scene of the accident, property damage, and visible injuries.
Clear and detailed documentation gives your attorney a stronger foundation to negotiate your settlement. Well-organized evidence reduces uncertainty, lowers risk, and can help keep your contingency fee toward the lower end of the typical range.
FAQs – What Percentage Do Lawyers Take for Personal Injury
Typically, 33% to 40% of your recovery after it is settled or a verdict is reached. An early settlement tends to mean the lower end of that range; trial cases can go higher.
No. Under a contingency fee arrangement you pay only if you win or settle. You may still owe case costs depending on your agreement.
Yes. You can discuss the percentage with your attorney and choose one who explains how they arrive at their fee and provides transparency.
It is possible. Cases that settle early require less work and risk for the attorney, so the fee may fall toward the lower end of the range.
No, California does not impose a fixed cap for most personal injury cases, but the fee must be “reasonable” and in writing.
Call Deldar Legal Today
At Deldar Legal, we’re more than just attorneys, we’re your partners in recovery. If you’ve suffered an injury due to someone else’s negligence, you deserve a top-rated car accident lawyer in California who will fight for your rights and help you rebuild your life. From the moment you contact us, we handle everything, from medical appointments and transportation to insurance negotiations and legal paperwork, so you can focus on healing.
Our experienced team represents clients across a wide range of personal injury cases, including:
- Car, truck, and motorcycle accidents
- Uber and Lyft rideshare accidents
- Pedestrian and bicycle accidents
- Slip-and-fall and premises liability claims
- Dog bites and animal attacks
- Traumatic brain injuries, spinal cord damage, and other catastrophic injuries
- Wrongful death of a loved one
Deldar Legal is here to help. We offer free consultations and work on a no win, no fee basis, so there’s no risk in reaching out.
Call us today at (844) 335-3271 or contact us to speak with an experienced California injury lawyer. Let Deldar Legal fight for the justice and compensation you deserve.
Key Takeaways
- In California, lawyers typically take between 33% and 45% for personal injury claims, depending on case specifics.
- California law mandates that fee agreements be in writing, clearly stating the fee percentage and how costs are managed.
- Contingency fee arrangements mean you only pay if you win; hence no fees apply if you lose your case.
- Factors such as case complexity and settlement speed significantly influence the percentage lawyers charge.
- Deldar Legal offers free consultations and no win, no fee services to assist clients in personal injury cases.