Mark Anderson | December 9, 2025 | Personal Injury
One of the first questions people ask when considering hiring a personal injury lawyer is: How much do lawyers usually take from a personal injury settlement. Understanding attorney fees helps you make informed decisions about legal representation and set realistic expectations for your case.
Understanding Contingency Fee Agreements
Most personal injury lawyers work on a contingency fee basis. This means you don’t pay any upfront costs or hourly fees. Instead, your attorney receives a percentage of your settlement or court award only if you win your case.
According to the American Bar Association, contingency fees typically range from 33% to 40% of the total recovery. The exact percentage depends on several factors, including case complexity, whether the case goes to trial, and your specific fee agreement.
This arrangement makes legal representation accessible to people who couldn’t afford to pay an attorney by the hour. You don’t need money up front, and if you don’t recover compensation, you owe nothing for attorney fees.
Standard Contingency Fee Percentages
Attorneys usually use tiered contingency fees that increase as a case becomes more complex. Early settlements generally involve the lowest percentage because they require less time and litigation work.
Once a lawsuit is filed, the demands of discovery, depositions, and court preparation often lead to a higher fee. Appeals typically involve an additional increase due to the extensive briefing and review required.
Common fee structures include:
- 33% if settled before filing a lawsuit
- 40% if settled after the lawsuit is filed
- 40% if the case goes to trial
- Higher percentages for appeals
These percentages represent industry standards, but individual agreements can vary. Always review your fee agreement carefully before signing.
What Gets Deducted Before the Percentage
Most contingency fee agreements deduct case expenses before calculating the attorney’s percentage. Case expenses include filing fees, expert witness fees, medical record costs, and investigation expenses. These costs can add up to thousands of dollars in complex cases.
For example, if you receive a $100,000 settlement with $5,000 in expenses and a 33% contingency fee, the calculation is as follows: $100,000 minus $5,000 in expenses equals $95,000. Your attorney then takes 33% of $95,000, which is $31,350. You receive $63,650.
Some agreements calculate the attorney’s percentage on the gross recovery before expenses. This means the attorney gets a percentage of the full $100,000, resulting in $33,000. After deducting the $5,000 in expenses, you’d receive $62,000.
The difference between these calculation methods can be significant. Make sure you understand which method your agreement uses.
Additional Factors That Affect Attorney Fees
Several factors influence the percentage of lawyers’ charges for personal injury cases. Understanding these variables helps you evaluate fee agreements.
Common factors that influence contingency fee amounts include:
- Case complexity
- Expected recovery amount
- Attorney’s experience and reputation
- Geographic location and local market rates
- Likelihood of success
- Resources required for litigation
- Need for experts or investigators
Different lawyers may quote different percentages based on these factors. Shopping around and comparing fee agreements is reasonable.
Texas-Specific Regulations
Texas law places some limits on contingency fees to protect clients. According to Texas Disciplinary Rules of Professional Conduct, contingency fee agreements must be in writing and clearly explain how fees are calculated.
Texas doesn’t set a specific cap on contingency fee percentages for personal injury cases as some states do. However, attorneys must charge reasonable fees. What’s considered reasonable depends on factors like time, labor, skill required, and customary fees in the community.
Additional Costs Beyond Attorney Fees
Beyond the contingency fee percentage, you may be responsible for case expenses. Common case expenses include:
- Court filing fees
- Expert witness fees
- Medical record retrieval costs
- Deposition transcripts
- Investigation expenses
- Copy and printing costs
Most attorneys advance these costs during your case, meaning they pay them upfront. You reimburse these expenses from your settlement or verdict. If you lose, some attorneys absorb these costs, while others may require repayment under your agreement.
Questions To Ask About Fees
Before hiring a personal injury lawyer, ask specific questions about fees to avoid surprises. Getting clear answers up front protects you later.
Important questions include:
- What percentage do you charge, and does it change if the case goes to trial?
- Is your percentage calculated before or after expenses are deducted?
- What types of expenses might my case require?
- Do I owe anything if we don’t recover compensation?
- Will you provide a written fee agreement before we begin?
A reputable attorney will answer these questions clearly and provide everything in writing. If an attorney seems evasive about fees or won’t put the agreement in writing, consider that a red flag.
Speak With an Austin Personal Injury Lawyer To Learn More
Understanding how contingency fees work in Texas—and what factors influence them—helps you make informed decisions when choosing a personal injury lawyer. Fee structures can vary widely, so reviewing your agreement carefully and asking the right questions ensures you know exactly what to expect.
If you’re unsure how these rules apply to your situation, speaking with an Austin personal injury lawyer can give you clearer insight into potential costs and next steps. Call Anderson Injury Lawyers today to learn more about our fees and how we can help.
If you’ve been injured in an accident in Fort Worth, Dallas, or Austin and need legal help, contact our personal injury lawyers at Anderson Injury Lawyers to schedule a free consultation. We proudly serve Tarrant County, Dallas County, and throughout Texas.
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