Almost all California personal injury lawyers work on contingency. Here is what that actually means for what you pay.
The short answer: in California, personal injury lawyers are almost always paid on a contingency fee, which means you pay nothing up front and the lawyer is paid a percentage of what they recover for you. If there is no recovery, there is no fee.
The longer answer involves what percentage is typical, what happens to case costs, and how the fee interacts with medical liens. Those details change what actually lands in your pocket, so they are worth understanding before you sign anything.
A contingency fee is a percentage of the amount recovered, rather than an hourly rate. In California personal injury matters the typical range is 33% to 40%, and the percentage often depends on how far the case goes:
California requires contingency fee agreements to be in writing, and the agreement must state the rate and how costs are handled. Read that document carefully — the percentage alone does not tell you the whole picture.
This is the distinction that surprises people most. The fee is what the attorney is paid for their work. Costs are the out-of-pocket expenses a case generates:
Most firms advance these costs and recover them from the settlement. What varies between firms is whether costs come out before or after the fee is calculated, which changes your net recovery. Ask that question directly, and ask for the answer in writing.
A realistic accounting of a settlement looks roughly like this: the gross recovery, minus the attorney’s fee, minus case costs, minus any medical liens or outstanding provider bills. What remains is your net.
Medical liens are often the largest surprise. Health insurers, Medicare, Medi-Cal and treating providers may all have a right to be reimbursed from your recovery. An experienced attorney will frequently negotiate those liens down, which can matter as much to your net as the headline settlement figure.
For what a claim may be worth in the first place, see what damages you can recover in a California personal injury case.
A firm that answers these plainly and in writing is telling you something useful about how it will communicate for the rest of the case.
Generally no. California personal injury lawyers almost always work on contingency, meaning no up-front payment and no fee unless there is a recovery.
Typically 33% to 40% of the recovery. Many agreements use roughly one third for matters that settle before a lawsuit and closer to 40% once litigation begins. The exact figure must be stated in your written fee agreement.
Under a contingency agreement there is no attorney fee if there is no recovery. How advanced case costs are treated varies by firm, so confirm that point in writing before you sign.
No. The fee pays the attorney for their work. Costs are expenses the case incurs, such as filing fees, records, depositions and experts. Whether costs are deducted before or after the fee changes your net recovery.
No. Lemon law works differently and is usually better for the consumer: under the Song-Beverly Act the manufacturer is generally required to pay a prevailing consumer’s attorney fees, so the fee typically does not come out of your recovery at all. See our California lemon law page.
We will explain the fee structure in plain terms before you commit to anything.