Most personal injury attorneys take cases on a contingency fee agreement. The contingency fee is typically 1/3 or 33.33% of the settlement in an automobile accident or personal injury case. The contingency fee is usually 40% in medical malpractice or wrongful death claims.
A contingency fee means that the personal injury lawyer does not get paid unless a recovery is made. The personal injury attorney does not get paid unless a settlement or judgment is obtained in favor of the client.
Cost and Expenses of Filing a Personal Injury Claim
Another matter of concern are the “costs” or “expenses” associated with bringing the case. These are different from the attorney’s fee and can usually include the cost charged by the Clerk’s office for filing the lawsuit as well as charges for medical records, reports and for investigators and expert witnesses. Most personal injury attorneys will agree to advance the costs on your behalf and they will be reimbursed from the recovery obtained.