Most contingency fee agreements give the lawyer a percentage of between 33 and 40 percent, but you can always try to negotiate a reduced percentage or an alternative agreement. In most cases, a personal injury lawyer will receive 33 percent (or one-third) of any settlement or award. If you hire an attorney on a contingency basis, keep in mind that the lawyer is first concerned about making sure that the lawyer benefits from the deal. In short, the contingency fee agreement will ensure that you have legal help even if you don't win your personal injury case and that you don't have to pay anything to your lawyer because your attorney's fees are contingent on winning your case and getting financial compensation.
On the other hand, surveys indicate that injured victims get higher amounts of compensation for their personal injury claims if a lawyer represents them rather than handling their claim without an attorney. You can ask your lawyer if a junior lawyer or legal assistant can do some of the work to reduce your costs. The survey also found that the average insurance agreement is more than three times larger for injured victims with private personal injury lawyers than for those who did not have a private attorney. However, they are usually hesitant to consult with a personal injury lawyer due to concerns about attorneys' fees.
In addition, 85 percent of the money insurance providers paid for bodily injuries goes to injured victims who worked with private lawyers. When a personal injury lawyer accepts a case on a contingency fee basis, the lawyer accepts the risk that you will not be paid for your services if you don't win. In general, lawyers have much more experience in contingency fees than clients, so lawyers know better how to calculate contingency fees so that the lawyer is not at a disadvantage. Lawyers resolve most personal injury cases through negotiations with insurance companies; these cases rarely require a trial in court.
