What is the average percentage that a personal injury attorney receives upon settlement of an auto accident claim?
7 attorney answers
A standard contingency is 33% plus expenses before filing a lawsuit. If a lawsuit is filed, the contingency often goes to 40% plus expenses. However, there is no absolute. Make sure you get a fee agreement in writing from whatever attorney you retain.
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There is no set fee. Generally to begin it is at 33.3% from there the percentage may increase depending on the stage of the case. It may be different depending on the attorney.
The Florida Supreme Court has established guidelines and limits of attorney's fee in contingency fee cases filed in Florida, which generally are 33 1/3% of any recovery up to $1M prior to a lawsuit being filed and answered (pre-suit) or 40% of any recovery up to $ 1M if settled after a lawsuit is filed and answered (litigation). This is in addition to the litigation costs of pursuing the case, such as costs for filing a lawsuit with the court, costs of service of process, costs of medical records, experts, etc.
These guidelines and limits are only in general terms. Please consult with an attorney in Houston for any such guidelines and limits in Texas.
There is no "standard" fee, because any agreement as to a "standard fee" between lawyers not at the same law firm would likely violate federal law. Lawyers, like many other professionals and businesses, cannot legally "price fix."
So what does this mean to the person needing legal services? The fee is negotiable. Some lawyers will never negotiate from what they typically charge clients, while others will negotiate based on the type of case. For example, if a lawyer believes that he or she has a high likelihood of winning a case, and the dollar amount of damages are high, then the lawyer might charge a lower percentage than the lawyer would otherwise charge. I have seen rates advertised in Texas of between 33 and 45 percent of a gross recovery (depending on the amount of work to be done and the type of case).
Based on what you have written, generally contingency fee agreements for personal injury cases are 33.33% prior to a suit being filed and 40.00%+ after the suit has been filed in the appropriate court.
Remember that you may always negotiate with law firm you choose to represent you as to the fees earned by the firm.
I agree with the posting by Mr. Sharp. The average percentage that a personal injury attorney receives upon settlement of an auto accident claim is 33% before filing or 40% after filing.
Generally, attorneys take 33% plus expenses before filing a lawsuit, or 40% plus expenses after filing a lawsuit. However, there is no hard fast rule. It depends on the difficulty of the case and the attorney involved. An attorney and client can reach their own agreement. Good Luck.