How Much Do Lawyers Usually Take From a Settlement?

Mission Personal Injury Lawyers | May 25, 2025 | Personal Injury

How Much Do Lawyers Usually Take From a Settlement?

If you’ve been hurt in an accident and are thinking about hiring a personal injury lawyer, one of the most common questions is: How much will the lawyer take from my settlement? This is a fair concern, especially if you’re facing medical bills, missed work, or other financial stress.

The short answer is that most personal injury attorneys work on a contingency fee basis, which means they only get paid if they win your case. The fee is usually a percentage of your settlement or court award. In this blog, we’ll explain how these fees work, what to expect, and what else might be deducted from your final payout.

You can also find helpful breakdowns of personal injury claim costs and legal processes in articles, blog content, and practice pages that explain settlement structures and attorney compensation.

What Is a Contingency Fee?

A contingency fee is a payment agreement where the lawyer takes a percentage of the money you win in your case. If you don’t win anything, you don’t owe the lawyer a fee. This system allows people to get legal help without paying upfront.

In most personal injury cases, the typical fee is 33% to 40% of the total settlement amount. The percentage may vary depending on the law firm, the complexity of the case, and whether the case goes to trial.

Here’s a quick example:

  • You settle a case for $90,000
  • Your attorney takes 33% ($29,700)
  • You receive the remaining $60,300 (minus case expenses)

If you’re unsure what’s included in these costs, look for resources that break down injury lawyer fees, legal billing terms, and how settlements are structured.

What Happens if the Case Goes to Trial?

Sometimes, a higher percentage applies if your case goes to trial. That’s because trials require more time, preparation, and resources.

For example, a lawyer might take:

  • 33% if the case settles before filing a lawsuit
  • 40% if the case goes to trial

This should be clearly stated in the agreement you sign before the lawyer starts working on your case. It’s important to ask questions and understand all terms before moving forward. You can find useful insights in practice pages that focus on trial preparation, case complexity, and client-lawyer contracts.

Are There Other Costs Besides the Lawyer’s Fee?

Yes. In addition to the attorney’s share, there are other case-related expenses that may be deducted from your settlement. These can include:

  • Filing fees
  • Medical record requests
  • Expert witness fees
  • Court costs
  • Postage and copying charges

Some firms cover these costs upfront and deduct them from your final settlement. Others may require payment as the case goes on. Always ask how expenses are handled and check what’s written in your contract.

To learn more about what costs are typical in injury cases, you can explore content related to claim expenses, legal filing fees, and lawsuit budgeting.

How Much of the Settlement Will You Actually Get?

The final amount you take home depends on the total settlement, the attorney’s fee, and any additional expenses. Let’s look at an example:

  • Settlement: $100,000
  • Attorney’s fee (33%): $33,000
  • Case costs: $5,000
  • You receive: $62,000

This example helps show how the settlement is divided, but every case is different. A clear fee agreement and regular communication can help you avoid surprises.

People often research this topic using phrases like “how much of a 25k settlement will I get” or “what percentage does a personal injury law firm take”. The answer depends on your agreement and how your case is handled.

How To Make Sure the Fee Is Fair

To make sure your fee is fair and clearly explained:

  • Ask for the fee agreement in writing
  • Review what’s included and what’s extra
  • Ask if the percentage changes if the case goes to trial
  • Check if the lawyer will cover case expenses upfront

You should feel comfortable asking these questions before signing anything. You can also review legal blogs or resource pages that explain client rights, fee transparency, and settlement planning.

Personal Injury Lawyer Fees

Most personal injury lawyers charge a percentage of your settlement, usually around one-third. This fee structure helps people get legal help without paying upfront. Just be sure you understand what’s included, what’s extra, and how much you’ll take home after costs are deducted.

To learn more about how injury claims are handled, what legal fees involve, or how to get started with a claim, it helps to read articles and practice pages focused on accident settlements, lawyer contracts, and fee agreements.

Contact the Personal Injury Law Firm of Mission Personal Injury Lawyers Today To Get More Information

If you’ve been injured in San Diego or Chula Vista, please call Mission Personal Injury Lawyers for a free case evaluation with a personal injury lawyer or contact us online.

We proudly serve San Diego County and throughout California.

Mission Personal Injury Lawyers – San Diego Office
2515 Camino del Rio S Suite 350, San Diego, CA 92108
(619) 777-5555

Mission Personal Injury Lawyers – Chula Vista Office
690 Otay Lakes Rd #130, Chula Vista, CA 91910
(619) 722-3032

We also serve the state of Texas. For legal assistance, contact our personal injury law office in El Paso today.

Mission Personal Injury Lawyers – El Paso Office
201 E Main Suite 106, El Paso, Texas 79901
(915) 591-1000