Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published April 27, 2026 · Last reviewed June 26, 2026
Almost every U.S. personal injury lawyer works on contingency: no lawyer fee unless they recover money for you. That puts a lawyer within reach even if you can't pay up front. But the percentage, what counts as "costs," and the fine print vary a lot, so read the agreement closely before signing.
Most agreements take 33⅓% of the settlement if the case resolves before a lawsuit is filed, and 40% once a lawsuit is filed (sometimes more if it goes to trial). Some states cap the percentage for certain case types, like medical malpractice.
Filing fees, expert witnesses, depositions, and medical records are usually paid up front by the firm, then taken back out of your share. Check one thing: is the fee figured before or after costs are subtracted? Before costs means a bigger cut for the lawyer.
Lose the case or get no settlement, and you owe no lawyer fee. Whether you still owe out-of-pocket costs depends on the agreement: many firms absorb them, but some bill you. Ask which it is.
Health insurers, Medicare, Medicaid, and medical providers often hold liens on the settlement. Those come out of your portion, not the lawyer's. Ask for a written breakdown showing your projected take-home before you sign.
Look for: what happens if you switch lawyers (termination terms), how the percentage steps up at each phase, exactly what counts as "costs," and any conflicts of interest. A reputable firm will walk you through every line and hand you a copy.
More on this topic: the Injuries & Accidents hub
NotALawyer.com provides general legal information, not legal advice.