How are personal injury attorney fees calculated?

Nearly all personal injury attorneys work on a contingency fee basis, meaning you pay no upfront fees and owe nothing unless you win. If you recover compensation, the attorney takes a percentage of the settlement or verdict — typically 33% (one-third) if the case settles before a lawsuit is filed, rising to 40% or more if the case goes to trial or through an appeal. In complex cases or jurisdictions with fee regulations, the percentage may vary. Some attorneys also deduct case expenses (filing fees, expert witness costs, medical record fees, deposition costs) from the recovery, either before or after the contingency percentage is applied — confirm this arrangement in your retainer agreement. The contingency structure means your attorney is financially motivated to maximize your recovery and bears the financial risk if the case is lost.