How Much of Your Injury Settlement Will Lawyers Typically Take?

If you’ve been injured in an accident, whether car, motorcycle, or pedestrian, you may be entitled to compensation. But how much of that settlement will actually end up in your pocket after attorney fees?

This is a common question from injury victims exploring legal options. The short answer—it depends. There are several factors that influence how much a personal injury lawyer typically takes.

Personal Injury Settlements and Attorney Fees

A settlement is a legal agreement that resolves a dispute without the need for a trial. In personal injury cases, it’s a sum of money paid by the party at fault (or their insurance company) to the injured party. 

Now, where does a Providence personal injury attorney fit into this picture? Well, they’re your guide, your advocate, your champion in this legal battle. They negotiate on your behalf, aiming to secure the best possible settlement for you.

Attorney fees, on the other hand, are the costs you pay for their services. In personal injury cases, these fees often come as a percentage of your settlement. This arrangement, known as a contingency fee, means that they don’t get paid unless they win your case.

Contingency Fees: Only Paid if You Win

Most Providence car accident attorneys work on a contingency fee basis. This means the lawyer only gets paid if they recover compensation for you.

Contingency fees are typically a percentage of your total settlement amount. This percentage is agreed upon upfront in a written fee agreement.

One-third (33.3%) is a common contingency fee. However, this percentage can sometimes be negotiated lower, especially for pre-trial settlements. In more complex cases, the fee may increase to up to 40% of the total recovery.

Additional Expenses Beyond the Fee

Beyond the contingency fee percentage, there are other case expenses your attorney may deduct from the total settlement. These include:

  • Expert witness fees
  • Filing fees and court costs
  • Investigation fees
  • Costs related to evidence-gathering

Typically, your lawyer will cover these upfront and then deduct them from your share of the settlement after the fact.

Factors That Influence the Contingency Percentage

Several things impact how much a personal injury lawyer will take as their contingency fee:

  • Case Complexity – More complex cases require more attorney time and effort. This may warrant a higher contingency percentage. Simpler cases can often be settled for a lower percentage.
  • Likelihood of Success – Riskier or harder-to-prove cases often justify a higher contingency percentage to account for the risk. More clear-cut cases allow for a lower percentage.
  • Expenses – If a case requires extensive expenses for expert witnesses, investigations, etc., the lawyer may take a higher percentage to cover costs. Low-cost cases allow for a lower percentage.
  • State Bar Rules – Most states cap contingency fees at 33.3% for pre-trial settlements. Some states impose additional limitations. This prevents attorneys from taking more than a fair percentage.

Alternatives to Contingency Fees

While most personal injury attorneys work on contingency, there are alternatives:

  • Hourly billing – You pay an agreed-upon hourly rate for the attorney’s time. The average hourly rate for lawyers in the state is around $240, but rates can range from $100 to $424 per hour, depending on the practice area and the experience of the attorney. 
  • Flat fee – The attorney charges a fixed, upfront amount for handling specific parts of the case.
  • Hybrid models – Combining contingency fees with hourly billing for certain parts of the case.

Contingency fee agreements are most common because injury victims often cannot afford to pay high hourly rates or flat fees upfront. The contingency model ensures access to quality legal help.

What Should You Ask a Personal Injury Lawyer About Fees?

If you’re exploring legal options after an injury, here are some questions to ask prospective attorneys about their fee structure:

  • What is your typical contingency fee percentage?
  • Are there any expenses I’ll be responsible for beyond your contingency fee?
  • What is your process for deducting fees and expenses from my settlement?
  • How can we maximize my recovery amount after fees/expenses?

Reputable personal injury lawyers will clearly explain fee agreements upfront. Understanding fee structures allows you to make an informed decision when hiring an attorney.

Maximize Your Recovery After an Accident

At the end of the day, your priority should be maximizing your total settlement and taking home as much as possible. This means working with a personal injury lawyer who has a proven track record of delivering results.

Rather than fixating on attorney fees, focus on their ability to thoroughly investigate your case, aggressively negotiate the highest settlements, and take cases to trial if needed. These factors have the biggest impact on your recovery amount.

If you’ve suffered injuries in Rhode Island, the experienced personal injury attorneys at Louis W. Grande Injury Lawyer can help maximize your compensation. To explore your legal options in a free consultation, call or visit