What Are a Personal Injury Lawyer’s Fees in California?
August 5, 2025 Posted In Personal Injury
In California, personal injury lawyer fees typically work on a contingency basis. You pay nothing upfront, and your attorney only receives a percentage of the recovery if the case succeeds.
Contingency Fee Agreements in California
Most personal injury attorneys in California use contingency fee agreements. Instead of billing by the hour, your lawyer earns a percentage of the settlement or court award. This arrangement helps injury victims who may not have the financial ability to pay hourly legal fees.
The percentage is typically between 33 percent and 40 percent of the recovery. Additionally, there are no attorney fees unless the lawyer wins compensation. As a result, lawyers are motivated to secure the highest possible recovery since their fee increases with the amount recovered.
California Business and Professions Code Section 6147 requires all contingency fee agreements to be in writing. The agreement must clearly state the percentage charged, explain how costs are handled, and outline what happens if the client changes lawyers.
How Costs and Expenses Are Handled
In addition to attorney fees, personal injury cases involve costs. These are separate from the contingency percentage and may include:
- Filing fees: Court filing charges for complaints and motions.
- Expert witnesses: Medical experts, accident reconstruction specialists, and economists.
- Investigation costs: Private investigators, records requests, and depositions.
- Trial preparation: Jury fees, exhibits, and transcripts.
Lawyers typically advance these costs during the case. At the end, the costs are deducted from the settlement or verdict before the attorney’s fee is calculated. Some attorneys deduct fees first, then costs. Others deduct costs first, then calculate fees on the remaining amount. The written fee agreement must specify the method.
Sliding Scale Fee Structures
California law permits sliding scale contingency fees depending on the stage of the case. Common structures include:
- Settlement before filing a lawsuit: Around 33 percent.
- Settlement after filing a lawsuit but before trial: Around 40 percent.
- Case taken through trial or appeal: Sometimes higher percentages.
This system reflects the increasing time, risk, and resources required as cases progress. For example, consider a case that settles for $300,000:
- Contingency fee at 33 percent: $99,000.
- Case costs: $15,000 advanced by the attorney.
- Net recovery to client: $186,000.
This example shows why it is important for clients to ask how fees and costs are calculated before signing an agreement.
Other Benefits of Hiring a Personal Injury Lawyer
Personal injury cases often involve complex laws, insurance tactics, and strict deadlines. Having a lawyer ensures you do not make costly mistakes. Key benefits include:
Accurate Case Evaluation
Attorneys analyze medical records, accident reports, and expert opinions to assess the true value of your claim. Without legal guidance, victims may accept far less than they deserve.
Handling Insurance Companies
Insurers often use strategies to reduce payouts. Lawyers handle all communications, negotiations, and settlement discussions to ensure you are treated fairly.
Investigation and Evidence Gathering
Attorneys work with investigators, accident reconstruction experts, and medical professionals to build a strong case. This evidence increases your chances of a successful claim.
Courtroom Representation
If a fair settlement cannot be reached, your attorney represents you at trial to fight for the maximum possible compensation.