It depends on the difficulty of the case. Contingency fees are negotiable, but keep in mind the attorney bears the risk. I have charged 25% on some cases and up to 40% on others. The distinction is the risk of the case as well as the amout of work it would take.
Keep in mind, the retainer is a contract that both sides need to agree upon.
While I am an attorney, I am not your attorney. You should always speak with your own attorney to gain full and complete legal advice.
It depends on the difficulty of the case. Attorneys who charge 25-30% usually do not take difficult cases and generally charge more for litigation. The more difficult the issue, the more work, the more litigation, the more the contingency fee. A simple rear-end accident with an insurance that tends to be fair requires a lot less work than a case were liability is questionable (such as side-to-side impact) with an insurance that is know not to pay claims or where there are numbers vehicles involved and people involved all pointing the finger at someone else.
The answer above is only based upon the limited information provided. The answer is limited and my review is likewise limited, and thus the response is not intended to be acted upon as legal advice. Although licensed in numerous states, I am currently only licensed to practice law in the state of Nevada. No attorney-client relationship is formed until you sign an attorney-client agreement with my office. Any information provided is for discussion purposes only and there is no attorney-client relationship formed. Only general legal information is provided. Each case is unique and accurate legal advise would require review of all details and documents for each specific case. It is possible that the comments here, while meant to be helpful, may in some cases not be complete or accurate.
Never be shy about talking to a lawyer about money before you hire the lawyer. My firm of Reed & Mansfield charges 25% for all cases in which a police report puts all blame on the other side and one third in other cases. There are no rules as to what percent contingency fee is allowed.
Reed & Mansfield is able to offer a 25% fee where there is favorable police report because we don't spend your fee money on tv ads and billboard and yellow page ads.
Most Contingency Fee Agreements for cases involving personal injuries range from 33 to 40%, depending upon both the difficulty of the case and its projected value. It is typical for the percentage to increase if and when the matter proceeds into litigation. Attorneys will assume the risk of any associated costs (including filing fees) regardless of the outcome of the claim. However, should the matter proceed to litigation, the attorney should advise the client regarding events that could result in the client's personal exposure for the opponent's attorneys' fees and costs. Clients should inquire about this risk once a Complaint has been filed.