How much does a personal injury lawyer cost?
A personal injury lawyer is usually paid a contingency fee: an agreed percentage of whatever they recover for you, and nothing if they recover nothing. No current national survey measures what percentage is typical, so this page does not quote one. What the law does fix is the maximum in some cases. On a claim against the federal government, the Federal Tort Claims Act caps the fee at 20 per cent of an administrative settlement and 25 per cent once a suit is filed. In California, a medical malpractice fee is capped at 25 per cent of a settlement reached before a complaint is filed and 33 per cent after, under Business and Professions Code section 6146 as in force since 1 January 2023. Where a personal injury lawyer bills by the hour instead, Clio puts the average at $337 an hour for 2025.
20% / 25%
maximum fee on a federal tort claim: administrative settlement / after suit is filed
25% / 33%
maximum fee on a California medical malpractice claim: settled before / after a complaint is filed
$337
average hourly rate, personal injury, for the minority of cases billed by the hour
Cost breakdown
Each table below comes from one source, named underneath it, with the date that source last revised the figures. Everything is a United States figure in USD.
Contingency fee caps set by law
| Claim | Stage | Maximum fee |
|---|---|---|
| Against the federal government (Federal Tort Claims Act) | Administrative settlement with the agency | 20% |
| Against the federal government (Federal Tort Claims Act) | Judgment, or settlement after suit is filed | 25% |
California medical malpractice contingency fee caps
| Stage | Maximum fee |
|---|---|
| Settled before a complaint or arbitration demand is filed | 25% of the amount recovered |
| Settlement, arbitration or judgment after filing | 33% of the amount recovered |
| Tried in court or arbitrated | More than 33% only if the court or arbitrator grants a motion for good cause |
Hourly rates, for the cases that are billed by the hour
| Practice area | Lawyer | Non-lawyer | Firm blended |
|---|---|---|---|
| Personal Injury | $337 | $164 | $287 |
| Medical Malpractice | $249 | $132 | $223 |
| Civil Litigation | $353 | $173 | $321 |
| National average, all areas | $349 | $187 | $311 |
A bar for each row of the table above, 4 of them, drawn to the same scale so the spread is visible at a glance. The figure beside each bar is the one the table prints.
What changes the price
- The stage the case reaches
- Both legal caps on this page rise once a suit is filed: from 20 to 25 per cent on a federal claim, and from 25 to 33 per cent on a California medical malpractice claim, according to the US Code and California Legislative Information. Private agreements often step up at the same point, and again if the case goes to trial, so read the stages in yours.
- What the percentage is taken from
- An agreement can take the percentage from the gross settlement, before case expenses come off, or from the net amount after them. Taken from the gross, the same percentage of the same settlement leaves you less. California's medical malpractice caps are measured against the net amount.
- Who the claim is against
- A claim against a federal agency is capped by the Federal Tort Claims Act whatever the agreement says. A claim against a private party or an insurer is not, though some states set their own limits for particular kinds of claim, as California does for medical malpractice, so ask the firm whether one applies.
- Case expenses
- Filing fees, expert witnesses, medical records and depositions are costs, not the fee. Who pays them up front, and whether you owe them if the case is lost, is set by the agreement.
- Medical liens
- Providers who treated you on credit are usually paid out of the settlement. That is not a legal fee, but it comes out of the same money.
How to pay less
- Get the percentage and every step in writing
- Ask for the percentage, whether and when it rises, and whether it is taken before or after expenses. Those three answers decide what you keep.
- Check whether a legal cap applies
- If the claim is against a federal agency, the Federal Tort Claims Act limits the fee, and an agreement cannot charge above it. Ask the firm whether your state sets a limit for your kind of claim.
- Negotiate on a strong case
- Outside the legal caps, the percentage is agreed between you and the firm. A clear-liability claim with documented injuries gives you room to ask for less.
- Use the free consultation to compare
- Initial consultations in this field are usually free, so comparing two or three firms costs time only.
Questions
What percentage does a personal injury lawyer take?
It is agreed case by case, and no current national survey measures the typical figure. On claims against the federal government, the Federal Tort Claims Act caps it at 20 per cent of an administrative settlement and 25 per cent after suit is filed. On California medical malpractice claims, Business and Professions Code section 6146 caps it at 25 per cent before a complaint is filed and 33 per cent after.
Do I pay a personal injury lawyer if I lose?
Under a contingency agreement you generally pay no fee. Case expenses are separate, and some agreements make you liable for them either way, so check that clause.
Is the fee taken before or after expenses?
It depends on the agreement, and it matters: the same percentage taken before expenses leaves you less than taken after them. Ask which your agreement uses, and get it in writing.
Do personal injury lawyers ever charge by the hour?
Some do, mostly for defence work or limited advice. Clio puts the average personal injury rate at $337 an hour for 2025, against $349 across all practice areas.
Is a lawyer worth it for a small claim?
Below a certain settlement value the fee and expenses can take most of the recovery. A firm that tells you a claim is better handled directly with the insurer is telling you something useful.
Where these figures come from
The caps are the law as published, read on 12 October 2026: 28 U.S.C. 2678, from the United States Code current through Public Law 119-120 of 7 October 2026, which applies only to claims against the federal government; and California Business and Professions Code section 6146, as amended effective 1 January 2023, which applies only to medical malpractice claims in California. A law in force is dated by the version quoted, since its age says nothing about whether it has moved. Hourly rates are from Clio, covering 2025 and updated March 2026. The 33 to 40 per cent range quoted widely online is not used here: it traces back to law firm websites and a 2015 law review article, past the age this site allows for a figure, and no current survey replaces it.
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