What are the usual percentage charged by lawyers for personal injury cases.

Asked about 1 year ago - Arlington Heights, IL

Is the percent based on the gross amount recovered or on the lesser amount after all expenses have been paid including medical.

Attorney answers (8)

  1. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Standard on personal injury cases is 1/3 of gross recovery.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  2. Brian J. Conneran-Weig

    Contributor Level 9

    7

    Lawyers agree

    Answered . The typical attorney fee for representing an injured person is 33 1/3% (1/3) of the total, gross recovery. Sometimes, attorneys will increase the fee to more than that if the case is actually tried to a jury and not settled prior to trial. Rates often increase when appeals are necessary. This may seem unfair, but the contingency fee arrangement is set up so that injured persons who can't afford to pay an attorney an hourly fee to represent them, can still get help. The fee structure is set up because the attorney is taking a risk taking on a client as well, as the ultimate recovery in any case changes during the pendency of representation. I hope this answers your question. Good Luck.

  3. Joseph Andrew Brabender IV

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . Almost always 1/3 of the gross amount. Case costs are also typically taken from the client's share.

    You and your lawyer should have these terms in writing.

    Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed... more
  4. Richard H. Wooster

    Contributor Level 11

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    Lawyers agree

    1

    Answered . Typically in most areas, it is 1/3 on the gross recovery. Expenses and medical are deducted after the fee has been taken. If the case has some difficult issues or requires an appeal the fee may increase to 50% or more depending on the facts.

    This response does not create a lawyer client relationship. Each case is determined on its specific facts and... more
  5. Eric J. Parker

    Contributor Level 10

    4

    Lawyers agree

    1

    Answered . As the others have mentioned, most lawyers charge one third. It is normal for the lawyer to charge a bit more if the case must be appealed. WIth that exception, I do not think that you should hire a lawyer who charges more than 1/3. It is simply not necessary. Most excellent lawyers are happy to do the work for 1/3 (whether or not a trial becomes necessary). Likewise, I wouldn't hire a lawyer that charges less. The best lawyers don't need to discount the fee. For more details, I'll pass on a link to a more in depth article I wrote regarding contingency fees. Feel free to call if you have other questions.

  6. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Typically, at least in Illinois, it is 1/3 of the gross amount collected. From that, costs advanced are deducted, liens paid, and other medical costs paid.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  7. Burton A. Padove

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . The percentage is taken from the gross settlement or judgment. Although most attorneys charge a straight 33%, some do a hybrid of 33% before filing suit, 40% after. Many of us will negotiate the percentage based on the facts and complexity of the case.

    Mr. Padove is licensed to practice law in Illinois and Indiana. He can be contacted at Burtonap@aol.com (219) 836... more
  8. Betty Tsamis

    Contributor Level 9

    4

    Lawyers agree

    Answered . 1/3 of gross recovery is typical in Illinois. Good luck finding an attorney who is the right fit for you.

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