Personal Injury Lawyer Fees: Percentages by Case Type and the Legal Caps

Personal injury lawyer fees are almost always a contingency fee: a percentage of what you recover, and no fee if you recover nothing. One-third before a lawsuit and 40% after is the most common pattern, but the type of case matters. Some laws cap the percentage, such as California for medical malpractice and federal law for claims against the U.S. government.

Type of case	Common fee	Limits set by law
Car or truck accident	33⅓% before a lawsuit, 40% after	Michigan: one-third at most, figured after costs
Slip and fall, premises	33⅓% to 40%	None in most states
Medical malpractice	Often a sliding or capped rate	California: 25% before a lawsuit, 33% after
Claim against the federal government	Up to the federal cap	20% for an administrative settlement, 25% after a lawsuit
Wrongful death	Similar to injury cases	Michigan's cap covers wrongful death too
Workers' comp	Set or approved by the state	Every state has its own rule

The "common fee" column shows usual percentages, not rules, and they're negotiable. The caps are law: California Business and Professions Code § 6146(a) (a court can allow more for good cause), 28 U.S.C. § 2678 for the Federal Tort Claims Act, and Michigan Court Rule 8.121. We checked them on November 6 and 7, 2026.

Run your own numbers

Put in the recovery, the percentage from your agreement, and the costs and liens your lawyer expects.

With the defaults, a $60,000 settlement at one-third of the gross, $2,000 in costs and $8,000 owed to a health insurer leaves you $30,000. Change the percentage to 25% to see what California's malpractice cap before a lawsuit would mean on the same amount.

Why the percentage changes with the case

Lawyers price risk and work. A rear-end crash with clear fault and a policy-limit offer is less work than a malpractice case that needs medical experts. That's why many agreements step up when a lawsuit is filed and again for trial, and why malpractice and product cases often come with higher costs, even where the percentage is capped.

Under ABA Model Rule 1.5(c), as each state has adopted it, the agreement must be in writing and signed by you, state the percentage for settlement, trial and appeal, list the expenses deducted, say whether they come out before or after the fee, and tell you which expenses you'd owe if you lose. At the end, you get a written statement showing how the money was split.

Costs come on top of the fee

Filing fees, records, depositions and expert witnesses are usually paid by the firm as the case goes and taken back from the settlement. In a malpractice or product case, experts alone can cost more than many car accident claims are worth. Ask for an estimate of costs, and ask whether they come off before the percentage is figured. Our car accident lawyer fees guide shows the gross and net methods side by side.

Ways to pay less

• A sliding scale. The percentage drops as the recovery grows, for example above a set amount.
• A lower rate for a quick settlement. If the insurer has already offered its limit, ask for less than the standard percentage.
• No fee on what you already have. If an offer exists before you hire the lawyer, ask for the fee to apply only to the amount above it.
• No fee on property damage. Some lawyers handle the car repair claim for free.

Questions to ask before you sign

1. What percentage applies at each stage, and when does it change?
2. Is there a legal cap in my state for this type of case?
3. Are costs taken out before or after your fee, and who pays them if we lose?
4. Will you negotiate my medical liens?
5. If another lawyer referred me, how is the fee split? Under Rule 1.5(e), I have to agree in writing.