How much does a personal injury lawyer cost?
Short answer
Most personal injury lawyers charge a contingency fee: a percentage of the recovery and nothing if there is no recovery. One-third is the most quoted figure and is Michigan's legal maximum; Connecticut and Florida use sliding scales, and federal tort claims are capped at 20% (administrative) or 25% (litigation). Case costs and medical liens such as Medicare are usually paid from your share, so compare the net, not only the percentage.
How personal injury lawyers charge
Most injury lawyers who represent plaintiffs work on a contingency fee: you pay no hourly bill, and the lawyer takes an agreed percentage of whatever is recovered by settlement or verdict. If nothing is recovered, there is usually no fee. The agreement must be in a writing signed by you, and it must state the percentage or percentages that apply at settlement, trial or appeal, which expenses will be deducted from the recovery, and whether those expenses are deducted before or after the percentage is calculated.[1] It must also tell you about any expenses you owe even if you lose.[1]
There is no official national "standard" percentage. One-third is the figure you will hear most often, and it is also the number some rule-makers write into their limits: Michigan's court rule sets one-third as the maximum contingent fee in personal injury and wrongful death claims,[2] and Florida's fee schedule presumes anything above 33⅓% of the first $1 million excessive when a case settles before the defendant answers.[3] Many agreements step up the percentage if a lawsuit is filed or the case goes to trial. Florida's schedule, for example, allows up to 40% of the first $1 million once an answer is filed.[3] Treat any percentage a firm quotes as negotiable, and read how and when it changes.
For the mechanics behind the percentages, see how contingency fees work, and try the contingency fee calculator with your own numbers.
States that cap contingency fees
Most states have no fixed percentage cap for ordinary injury cases; the general rule is that a fee must be reasonable.[1] A few states set hard numbers, and many more cap fees only in medical malpractice. The table lists the general injury caps we have verified. Medical malpractice caps (California, New York, Florida, Illinois and others) are covered in detail on the medical malpractice lawyer cost page.
| Jurisdiction | Rule | Limit |
|---|---|---|
| Connecticut | Conn. Gen. Stat. 52-251c[4] | 33⅓% of the first $300,000; 25% of the next $300,000; 20% of the next $300,000; 15% of the next $300,000; 10% above $1.2 million. A written, notarized waiver is allowed for complex cases, but the fee may never exceed 33⅓%.[4] |
| Florida | Rule Regulating The Florida Bar 4-1.5(f)(4)(B)[3] | Fees above these levels are presumed excessive. Before an answer is filed: 33⅓% up to $1 million, 30% of $1–2 million, 20% above $2 million. After an answer: 40%, 30%, 20%. Liability admitted: 33⅓%, 20%, 15%. An extra 5% if an appeal or post-judgment relief is needed.[3] |
| Michigan | MCR 8.121[2] | One-third of the amount recovered, combined for all attorneys.[2] |
| Claims against the federal government (FTCA) | 28 U.S.C. 2678[5] | 20% of an administrative settlement; 25% of a judgment or a settlement after suit is filed.[5] |
Workers' compensation fees are regulated separately in most states; see the workers' comp lawyer cost page.
Fees vs. case costs
The fee is what the lawyer earns. Case costs (also called expenses) are money spent to build the case: filing and service fees, medical record charges, deposition transcripts, expert witnesses, accident reconstruction, and trial exhibits. Many injury firms advance these costs and repay themselves from the recovery, so they are easy to overlook until the settlement statement arrives. At the end of a contingency matter the lawyer must give you a written statement showing the outcome, what you receive and how it was calculated.[1]
Three questions decide how much costs hurt you:
- Before or after? Is the percentage taken from the gross recovery or from the recovery after costs are repaid? The agreement must say.[1]
- Who pays if you lose? Some agreements waive advanced costs if there is no recovery; others make you liable. The agreement must tell you.[1]
- Is there a cap or approval step? Ask the firm to get your consent before spending above a set amount on experts.
Medical liens and reimbursement claims
Whoever paid your medical bills may have a right to be repaid from the settlement: Medicare, Medicaid, a private or employer health plan, a hospital lien, or a workers' compensation carrier. These claims come out of your share, not the lawyer's fee, so they can change your net more than a few points on the percentage.
Medicare is a useful example because its formula is published. When Medicare's payments are less than the settlement, it reduces its recovery by its proportional share of your "procurement costs" (the fees and costs of getting the settlement).[6] When its payments equal or exceed the settlement, it recovers the settlement minus total procurement costs.[6] Private plans and hospital liens follow their own contracts and state law, and many are negotiable. Ask your lawyer whether lien negotiation is included in the fee or billed separately.
Worked example: what you might take home
Illustrative example only (not a prediction of any case's value). A case settles for $90,000. The fee is one-third, case costs are $6,000, and Medicare paid $15,000 of medical bills.
A. Fee calculated on the gross: fee $90,000 × 1/3 = $30,000. Procurement costs = $30,000 + $6,000 = $36,000. Medicare's share: $36,000 ÷ $90,000 = 0.40; 0.40 × $15,000 = $6,000, so Medicare recovers $15,000 − $6,000 = $9,000. Your net: $90,000 − $30,000 − $6,000 − $9,000 = $45,000.
B. Fee calculated after costs: ($90,000 − $6,000) × 1/3 = $28,000. Procurement costs = $28,000 + $6,000 = $34,000. Medicare's share: $34,000 ÷ $90,000 ≈ 0.378; 0.378 × $15,000 ≈ $5,667, so Medicare recovers about $9,333. Your net: $90,000 − $28,000 − $6,000 − $9,333 ≈ $46,667.
The only change between A and B is one sentence in the fee agreement, and it is worth about $1,667 here. If the same case had gone to trial under a 40% tier, A would become: fee $36,000; procurement $42,000; Medicare's share 0.4667 × $15,000 ≈ $7,000; Medicare recovers about $8,000; your net ≈ $90,000 − $36,000 − $6,000 − $8,000 = $40,000, before any extra trial costs.
The Medicare arithmetic follows the proportional formula in 42 CFR 411.37(c).[6] Real lien amounts are set by the payer's demand, not by this example.
Statute of limitations by state
Every state sets a deadline for filing an injury lawsuit, and missing it usually ends the claim regardless of fees. The table shows the general personal injury deadline we verified for each state, with a link to the statute. Shorter or different deadlines often apply to claims against government bodies, medical malpractice, wrongful death and some motor vehicle claims, and discovery and tolling rules can change the start date, so confirm your deadline with a lawyer.
When you may not need a lawyer, and when you do
Minor property-damage claims and small, fully healed injuries with clear liability are sometimes settled directly with the insurer, and claims within your state's limit can go to small claims court. A lawyer usually earns the fee when injuries are serious or ongoing, liability is disputed, several insurers or a government body are involved, liens are large, or the deadline is close. Many firms offer a free first consultation; see lawyer consultation fees.
Questions to ask before you sign
- What percentage applies at each stage (pre-suit, after filing, trial, appeal), and what triggers the step-up?
- Is the fee calculated before or after case costs are repaid?
- Do I owe advanced costs if we lose?
- Who negotiates medical liens, and is that included?
- Will the firm refer my case to another firm, and how is the fee split?
- Can I see a sample settlement statement?
Frequently asked questions
What percentage do personal injury lawyers take?
There is no national standard; one-third is the figure most often quoted, and some agreements rise to 40% or more if the case is filed or tried. A few states set limits: Michigan caps injury fees at one-third, and Connecticut and Florida use sliding scales. Your written agreement must state every percentage that can apply.
Do I pay anything if I lose my injury case?
Usually no fee is owed without a recovery, but you may still owe advanced case costs depending on the agreement. The fee agreement must say which expenses you are liable for whether or not you win, so read that clause before signing.
Can I negotiate a contingency fee?
Yes. Percentages, step-up triggers and whether the fee is taken before or after costs are all contract terms. Strong liability, clear damages or an existing insurance offer can give you leverage to ask for a lower percentage or a fee only on the amount above the offer.
Does the lawyer's fee come out before medical bills are paid?
Typically the fee and case costs are deducted from the gross settlement, and liens such as Medicare or health plan reimbursement are paid from your share. Medicare reduces its claim by its proportional share of fees and costs under 42 CFR 411.37.
How long do I have to file a personal injury claim?
Most states allow two or three years for a general injury lawsuit, but some allow one year and others longer, and special rules apply to government, malpractice and wrongful death claims. Check the statute for your state in the table above and confirm with a lawyer.
Sources
- ABA Model Rule 1.5: Fees — American Bar Association. Contingent fee agreements must be written and say whether expenses come out before or after the fee; Rule 1.5(d) limits (checked October 11, 2026)
- Ethics opinion RI-122 (quoting MCR 8.121 contingent fee limit) — State Bar of Michigan. Michigan one-third maximum contingent fee in personal injury and wrongful death claims (checked October 11, 2026)
- Rules Regulating The Florida Bar, Chapter 4 (Rule 4-1.5(f)(4)(B)) — The Florida Bar. Florida schedule of contingent fees presumed excessive in personal injury cases (checked October 11, 2026)
- Conn. Gen. Stat. 52-251c — FindLaw (statute text). Connecticut sliding-scale cap on contingency fees in personal injury and wrongful death claims (checked October 11, 2026)
- 28 U.S.C. 2678 — Legal Information Institute, Cornell Law School. 20% (administrative) and 25% (litigation) fee caps on claims against the United States (checked October 11, 2026)
- 42 CFR 411.37: Amount of Medicare recovery when a primary payment is made as a result of a judgment or settlement — Legal Information Institute, Cornell Law School. How Medicare reduces its recovery for procurement costs (checked October 11, 2026)