How Much are Lawyer Fees in Personal Injury Cases

0:00 Introduction
1:00 Personal injury attorneys do not bill by the hour
1:15 What is a contingency fee?
2:20 Positives of contingency fees
2:50 Negatives of contingency fees
3:30 Personal injury attorneys front the costs of a case too
3:55 Make sure your retainer agreement is in writing
4:40 Attorney liens in retainer agreements
5:25 Are personal injury attorney fees negotiable?
Were you involved in a personal injury accident and you’re wondering how much are lawyer Fees in personal injury claims - check out this short video to find out.
Hey everyone, my name is Barry Zlotowicz and I’m a personal injury attorney in Chicago.
A lot of people right after they get in an accident will call a lawyer and one of the questions that I’m always asked is how much are personal injury lawyer fees? Which has always surprised me because I thought it was kind of common knowledge how injury attorneys work.
The first thing I want you to know is that unlike business attorneys or divorce attorneys who charge on an hourly basis, personal injury attorneys generally work on a contingency fee basis.
How do contingency fees work? Well a contingency fee means that injury lawyer do not get paid hourly. Instead, the attorney will take a percentage of the gross settlement if and only if the case settles or is otherwise resolved in your favor.
How much is a typical contingency fee or in other words how much do lawyers charge for personal injury cases? The normal amount you generally hear injury attorney charging is 33.3% of the recovery.
Some may charge you less some more. Often times, attorneys will charge a higher rate if they have to file a lawsuit on your behalf. But this varies greatly by jurisdiction and even by law firm so make sure you ask whoever you’re talking to what they charge.
What are the benefits of a contingency fee? Well you don’t have to pay anything up front. Most average people can’t afford to pay a $2000 or 5000 retainer to a personal injury attorney. Well with a contingency fee you don’t have to - the attorney takes on the case and takes all the risk because if the case falls apart for some reason and there is no recovery, you won’t owe the attorney anything. Generally speaking.
But there are Cons to contingency fees too. I already told you that contingency fees can be a third or forty percent of the gross recovery. Well, that’s a lot of money. The reason is, that all the risk is on the attorney. An attorney might take on a case, spend a couple hundred hours on it, go to trial and lose. And he or she is then out that money.
In addition, an injury attorney will generally front all the costs on your case too. And you generally speaking will only have to reimburse the attorney if there is a recovery. So that’s another huge benefit of this type of arrangement.
Two tips about agreements with lawyers: - first, make sure your lawyer clearly identifies what percentage he or she is going to charge you in writing. The document signed between an attorney and a client is usually called a retainer agreement and reviewing it before signing is important.
The second thing is that usually in the retainer agreement there is going to be something called an attorney lien clause. This is a way for the attorney to protect himself or herself. It means that until the case is settled and resolved, the attorney has an ‘interest’ in the case that he/she can legally enforce.
Now this normally comes up when a client fires an attorney who did a substantial amount of work on the case and the attorney wants to be compensated for that work. Or, I’ve seen a few times where the client will let the attorney do all the work and then try and get out of paying the attorneys’ fees. So the attorneys’ lien protects the attorney from situations like that.
Can you negotiate personal injury lawyer fees? Generally speaking, sure, you can try and negotiate your attorneys’ fees. But that it is no guarantee that the attorney will reduce the fee. As a general rule we don’t reduce fees in order to sign up clients. It sets up a bad precedent. But you never know.
If you have any other questions about how much it costs to hire a car accident lawyer, please reach out to us at [e-mail] and please subscribe to our channel.
Disclaimer: This video is for entertainment and informational purposes only. It is not intended as legal advice and the accuracy thereof is not warranted or guaranteed. This information is prone to errors and omissions. Use this information at your own risk. Watching this video does not create an attorney-client relationship.

[@JeffLifeInReview]

Very candid and transparent

[@jianruli3750]

thanks for the info sir

[@daddygreat1]

Yup, I was told a third of the settlement and it's been a year so far.

[@robicarm]

What about taxes on the settlement, and should one consider a CPA?

[@RobinTaylorMusic]

What happens if you never get a copy of the retainer agreement?

[@angelahill-hh3hh]

I was told my lien from Medicaid was one price. Then, after I settled wound up being a little more. When I received a letter from the attorney saying they received the lien and knew what it was. And I wound up having to cover the cost? It really upset me. Because she also told me out of her mouth that I only had to pay ten percent, which it was only eight thousand dollars and it wound up being double that.

[@LawFull]

Hi - I'm not sure I entirely understand. Liens go up over time so I guess it wouldn't be that unusual for the amount of a lien to go up. Pending receipt of a final lien that is. So you were told a lien was 8k and it was 16k. That is a lousy situation and i'm sorry you're going through that.

[@Vdsg-22]

Hello, I have a question for you. Hope you can answer this for me. There is a part of my lawyer contract that says a % if we don’t institute a law suit and a % if instituted a law suit. How do I know if a lawyer instituted a law suit?

[@LawFull]

They should tell you or you could just ask

[@hasanpacha4979]

Hello sir what do you think about Adelman J. Robert ? Thank you

[@LawFull]

Hi. Sorry - don't know him.

[@deltaecho9584]

Hello there, PlP: Do attorneys include PIP as part of their percentage take? I think my agreement specifies as, any & all recovery (something of sorts). I'll double check later. Seems PIP isn't something attorneys have to recover in a "No Failt" state. Thank you sir, for providing a valuable service 🙂

[@LawFull]

Hi, that's something you really need to check your retainer agreement to see what it says. I don't know much about how retainer agreements work re: PIP in no fault states. Sorry I can't be more helpful on this one.. Barry

[@Choubodowlexnoel]

Hi, got into an accident , really bad , the police was there , the was a report , fault was determined since the other drive hit me from behind. But their insurance company says there was no accident and that it was staged l got that from the lawyer l hired

[@dukeandduke7117]

Does the agreed-upon contingency fee cover past attorneys that may have a lien to the case?

[@LawFull]

Sorry but that would be a local / state issue - you need to ask your attorney about that.

[@danmoua7686]

Good Evening, I was in a Car Accident on June 16th, 2021. I have Personal Injury Attorney (obvisouly) that is 33 and 1/3 or 40% of my settlement. Does that mean they take money from my injury and suffering or Injury and Suffering w/ vechile? (My Attorney is only doing my medical and no further works with the vehicle)... Unfortunately, I did do the electrical but I will get that contract though (Imma try)... Also, I'm not at fault in the car accident.

[@LawFull]

Hi Dan, I can only speak for myself - but we never take a fee on the property damage.... You should definitely ask to clarify with your attorney.

[@ClaraLuzVlogs]

If my attorney said their fees were not going to changes meaning go up to 40% unless the case went to trial, well the other party agreed to the amount we were asking for and then to my surprise the attorney told us right before completing the case that their fees went up due to “a lot” of investigation they had to perform 🤦🏻‍♀️ taking almost half of what was given to us.. can I sue that attorney for the charging us a higher fee once they knew we were getting a lot of money back?

[@OperationEndGame]

Expert testimonies (medical experts, accident reconstruction expert, economic loss experts, etc.) at trial are very expensive…

[@carterstechnology8105]

yes but those would be line items on "cost". an attorney shouldn't be able to arbitrarily change their fee percentage with out it clear in writing. They can be reported to the Bar Association. @@OperationEndGame

[@user-po9zr1cc2r]

I been on a case for 3 years did discovery deposition and now just waiting on answers what to think ?

[@LawFull]

Morning - I've seen cases last much longer than that. It's hard to wait that long but it is what it is unfortunately.

[@almaalmazan2825]

My dad has a lifetime settlement. He gets payments every month. It has been several years that the lawyer is getting their cut. When do the lawyers fee stop on a lifetime settlement?

[@LawFull]

Good morning. That is something you should check with the lawyer about. It all depends on what the agreement with the lawyer says. Otherwise, I couldn't really know the answer to this question. Sorry I can't be more helpful...

[@lauriemendoza4671]

How is payment determined if you change attorney's. In my case I changed attorney's. The second attorney settled the case. They have been holding some funds from my settlement in a Trust until the first attorney gives them an amount for her fees. I have been waiting 6 months to get this settled. Now the second attorney's staff has stopped taking my calls. What should I do?

[@LawFull]

Hi Laurie, this is a very state specific issue. Have you contacted your state bar association yet to ask for guidance? Might be a place to look for help.....

[@lauriemendoza4671]

@@LawFull Thank you for the suggestion. I will definitely take your suggestion.

[@carterstechnology8105]

HI! Curious, any update on what happened?@@lauriemendoza4671

[@MrNAMASTE1968]

My wife and kids were recently in a car accident, which totalled the car (she was not at fault, other guy ran, a stop sign). Thank God, they all walked away just light bruises. The Attorney we're concidering, charges 35%. Would this be considered normal?

[@LawFull]

Hey Gil, yes that's ballpark what pi attorneys charge.....

[@MrNAMASTE1968]

@@LawFull Great, thank you.

[@andytran8879]

Can I ask my fees was 40% with documents fees bring it up to %50 is my fees negotiable after the fact I know doc fees can be inflated

[@LawFull]

Hmm. Never been asked that before. I assume it depends on the lawyer. You can always try I guess. In the past, I think we only negotiated fees perhaps one time in all these years....

[@abbeystreams4711]

Pls I need help. I was t bone hard and a speeding driven running 🏃‍♂️ the red light. Taken to the hospital. Insurance company still trying to denial my claim and I have thr entire accident video. I need serious help cause of my medical bills

[@LawFull]

Hello, please email me at [e-mail] what city and state this occurred in. I may know someone who can help.

[@lucyarroyo6186]

I hired a personal attorney and I was surprised his 30% amounted to 50% in the end. He also hired a firm to test the limits of my injury given the damage would be permanent, So because the evaluation won the case I expected he’d pay half the fee given that’s what won the case from which he benefited and given he would end up with as much money as I. In the claim summary I noticed he included my PIP check and I didn’t think he was allowed those funds. I was also surprised that I would be paying my Medical Insurance given I didn’t cause the accident, and would I be able to deduct from that amount for the bills I had already paid? I’m summary The expenses I incurred were much higher than I anticipated and I wish that I had been told upfront and that might’ve made me feel better although I didn’t like the outcome

[@LawFull]

Hi Lucy, happens all the time. Accident victims are surprised at how little they recover at the end of the day. I'm sorry you're going through this. But again, I've heard it a hundred times.

[@letsget100kbeforeaugust5]

Is this in California? I heard in California there is a limit to how much a personal injury lawyer can take

[@LawFull]

Hmm. I don't know CA law. I'm in IL. So I couldn't comment on that....

[@joycespringer2597]

Can an attorney take a third of re-embursed court cost?

[@LawFull]

Morning Joyce, can you clarify what you mean? Attorneys' fees are dictated locally and also by what you contract for in your retainer. So checking with a local attorney on this might be a better idea. Barry

[@omegachuck32]

How do you feel about Trantolo and Trantolo

[@LawFull]

Hi, I have never heard of them. Sorry I can't be more helpful on this one.

[@lilliesofthevalley30]

i have a question I have a personal attorney who is charging me fee's on top of original 35% fee. The calculations that the attorney is charging me are down right horrible and unethical . i agreed to a ten thousand dollar settlement and lawyer wants to give me $1,455.00. So lawyer off the top charged me 35% and im bombarded with all the extra fee's i was unaware of that I was going to be charged. I do not agree with attorney taking almost whole amount. Is there anything I can do? Lawyer keep sending me emails for me to sign on her calculations or fee's for me to receive my check. i have not signed their breakdown of fee's.

[@LawFull]

Morning - sorry for the delay responding. It's not uncommon for accident victims in small cases to end up with small checks at the end I'm afraid to say. What type of fees are they charging you? Are they for 'costs' expended on your case? Or are they paying off your medical bills etc. etc.?

[@connerjorju9762]

What if i pay my 33% and my insurance offer me more ,do i have to pay them more

[@LawFull]

Generally yes.

[@obombabeenlaid5101]

It's a %

[@taylornorth3637]

How does lawyers collect their fees after a judgment has been awarded but the at fault has no money or assets?

[@LawFull]

Hi, generally speaking a personal injury attorney recovers only if there is a recovery. If there's no recovery there are no attorneys fees. That might vary depending on who you're working with. If you need a referral to an attorney and you suffered significant injury is let me know. I have a nationwide network of attorneys that I can refer you to.

[@jasminemwilliams511]

Hello any contingency hit and run lawyers to recommend in Illinois? Thanks!

[@ronynikke]

They charging me 33% plus 500 some for papers etc why is not include in the 33%?

[@LawFull]

Hi - costs were separate for us as well. So this doesn't sound out of the ordinary....

[@ronynikke]

@@LawFull oh ok

[@Theelovefreq]

I just settled an old case and received my draft for the settlement letter including all the medical bills and physicians bills and attorney fees I have a 7.5 year old case that I just settled on. When this car accident happened I hired a lawyer with the contingency fee of 33 1/3%. He tried to have me settle prematurely, I realized there was an additional lawyer listed on my contingency fee paperwork, so I contacted that attorney to ask her if she could take over my case, she agreed to. However we never resigned any other contingency paperwork. Now I’ve settled and in my draft settlement letter states her fee is 40% not including the out of pocket fees paid by the law firm of 30k. My question is which fee gets honored her 40% that I didn’t sign any contingency paperwork for or the 33 1/3% that was on the contingency paperwork that I filled out when I was referred to her ex partner (that used to be my primary lawyer before I ask my current lawyer to take over) it’s worth mentioning the previous attorney/ex partner of my current lawyer represented me for 6months. My current lawyer has represented me for the last 7.5 years

[@LawFull]

Good morning - to be honest - I really don't know. I believe this is a matter that would be better answered by your state's bar association. It's not something I have any knowledge of. I'm sorry I can't be more helpful on this one. Barry

[@ninobrown341]

Can they ask for fees and then ask for Expenses????

[@LawFull]

Hi, we always get back fees and expenses.

[@letsget100kbeforeaugust5]

I just settled my case out of court and it's taken 3 years

[@LawFull]

Yes, cases can take a very long time.... Glad you got yours resolved

[@tonykarata9398]

Can you as a lawyer collect interest on the money that you are owed .... when inaurace company keeps deminishing and dragging your claim ??? When its over the time limitations ..... when you as a lawyer needs to get paid at a point !!! And costumer aswell ....

[@LawFull]

Hey Tony, never have before. Though I know here in IL at least they just passed a new law about that. Perhaps check the laws of your state. That's all I can recommend..... Barry

[@CopelandD]

@@LawFull can you make a video on the steps the lawyer goes through to settle a cause and if it’s denied how do they eventually get the insurance company to accept liability

[@LawFull]

@@CopelandD Hi, first part sounds good. Second part I kind of already did - see kzbin.info/www/bejne/oXWpZaSpmq-Dg7M

[@carterstechnology8105]

where can i find (key wording etc.) if there is a law about interest on lawyers fees in California@@LawFull

[@LawFull]

Morning - hmm. Perhaps call the state bar of CA??? They may be a good reference source for a question like this.....@@carterstechnology8105

[@chikischakas]

Just finished my personal injury case it’s took about 5 year my gross income it’s 455k medical bill it’s about 134k and I’m only gettin 105k what you think ? I’m felling a got rip off , this is in California and it’s a 40% fees for attorney…..

[@LawFull]

It's hard for me to know and I'd hate to badmouth any attorneys. The #'s seem to line up. My personal policy, and this is just my personal policy, is I try not to take home more than my client. But I'm in the minority on this one. 5 years is a long time and I'm sure the firm put in quite a bit of work on the case. Tough call. I wish I could be more definitive in my answer.....

[@chikischakas]

@@LawFull Thank you for you responding, remember that we have freedom of speech in the United States 🇺🇸 don’t be afraid of telling your opinion I’m not giving company and attorney names, but let’s be realistic it’s not a good deal for me here are the number gross settlement is 455k in a 1 million dlls insurance policy, medical bills 💵 is more than 400k but got negotiated to 134k, attorney fee is 204,750, I only borrow 4k from LL ADVANCES plus others cost of 16k I’m not sure what exactly means but I’m guessing is for all the expenses like hotel, transportation, and other legal fees but anyway I end up only getting 105k on my final settlement distribution they just waiting me for my signature, there are two problems #1 there are taking 45% and a just read the contract from 2016 and clearly says that if it’s goes to court of lawsuit is 45% but anything before court or lawsuit it’s only 40%, so is this attempt of scam for extra 22,750 ? Can a follow a lawsuit against them ? Or it’s legal trying to charge extra 5% , #2 since a was working for Uber and my vehicle was total lost 😞 it’s took about 2 months to get back to work and end up loosing lost of wages about 5k, so if legal to take attorneys fees from my lost of wages or only for pain and suffer ? because I’m assuming that 455k gross settlement they are including lost of wages I hope you be able to respond I just subscribed to you channel

[@LawFull]

@@chikischakas Hi, I don’t know whether it’s ‘legal’ or not regarding the extra 5%. But, if you signed a contract that says that, then it is probably ‘legal.’ But I’m in IL so I cannot comment specifically on other states’ laws or contracts exactly. As far as the lost wages, yes, we lump lost wages in the gross settlement when we’re determining the amount of attorneys’ fees too…..

[@chikischakas]

@@LawFullmy case did not went to court and we did not follow a lawsuit and the contract says that it’s 40% if not settled at court or follow a lawsuit, but they are trying to charge me extra 5% in California a don’t think 🤔 it’s legal to do that

[@LawFull]

@@chikischakas Hmm. Well, I would definitely ask about that then. . . odd. Could be an oversight.....

[@TheJackpotQueen]

I was told a 3rd but he took same amount he made me agree to accept

[@LawFull]

Hi, I've seen that many times. Often times the proceeds get divided 1/3 1/3 1/3 - divided between med providers, the law firm and the accident victim. So this is not necessarily out of the ordinary. But I can't comment specifically on your situation....

[@JesusisMylord214]

I will never use an attorney again

[@LawFull]

Wow. Sorry to hear that you had such a bad experience....

[@tytraulich4987]

This isn’t correct at all. Personal injury can fall under contract law. I was injured for something I did not consent to -I was injured as a DIRECt result. My retainer in America is 50,000 to almost 100k.

[@ronynikke]

They charging me 33% plus 500 some for papers etc why is not include in the 33%?