What Percentage Do Most Accident Lawyers Take?

Most accident lawyers are paid a percentage of what they recover for you, not by the hour. So the short answer to “What percentage do most accident lawyers take?” is that it varies. The exact number is set in each lawyer’s written fee agreement. This guide explains how that percentage is figured in Georgia, what costs you may still owe, and which questions to ask before you sign.

Short answer: accident lawyers are usually paid a percentage of the recovery

Many accident claims are handled on a contingency fee. A contingency fee is a fee paid only from money recovered on your claim. Under this arrangement, you usually pay no upfront fee for representation, but you may still owe court costs and case expenses.

So what percentage do most accident lawyers take? No single figure fits every case. Each lawyer sets terms in a written fee agreement, which is a contract between you and that lawyer. Two lawyers can offer different percentages for the same kind of claim.

That is why the agreement, not a general rule, controls what you will pay. Claims can range from car, truck and motorcycle crashes to rideshare trips, dog bites, unsafe properties and wrongful death. Each type can take a different amount of work, so ask about your type of claim directly.

How a contingency fee is calculated

The fee is calculated on either the gross recovery or the net recovery. Your agreement should say which one applies. The gross recovery is the total amount recovered before case costs come out. The net recovery is what remains after case costs are subtracted.

Here is a hypothetical example. These round numbers are for illustration only. They are not a rate from this firm and not a prediction of any result.

Assume a $100,000 recovery, a 40 percent fee and $10,000 in case costs.

• Fee on gross: 40 percent of $100,000 is $40,000. The $10,000 in costs comes from the rest, so the client receives $50,000.
• Fee on net: The $10,000 in costs comes out first, leaving $90,000. 40 percent of $90,000 is $36,000. The client receives $54,000.

The recovery, percentage and costs stay the same, but the totals differ. Look in your agreement for the words “gross” or “net.” Also look for a sentence explaining how costs are subtracted.

Case costs and expenses you may still owe

Case costs are out-of-pocket expenses of pursuing a claim. They can include court filing fees, charges for medical and police records, and fees for outside professional reviews of medical records. You may still be responsible for these even when there is no upfront fee for representation.

Your agreement should say whether these items come out of your recovery. It should also say whether you owe them if no money is recovered, and how they are tracked.

Larger claims often involve more records, more reviews and longer timelines. That includes catastrophic injury cases, such as spinal cord injury, traumatic brain injury or amputation, and wrongful death claims. Ask how costs will be estimated and reported over the life of the case.

Medical bills affect the math too. Georgia law limits medical expense damages to the reasonable value of medically necessary care, treatment or services (Georgia medical expense statute). If treatment was given under a letter of protection, that letter and the itemized charges can be requested as evidence.

If Medicare paid for your care, federal rules may apply. Medicare can be involved in paying accident-related medical bills, and how it coordinates with liability or no-fault insurance depends on the facts of each case (Medicare Secondary Payer overview). Tell your lawyer about any Medicare coverage early.

Georgia deadlines that affect your fee decision

Georgia sets firm deadlines for filing injury lawsuits, so waiting can narrow your options. Georgia generally gives two years to file a personal injury lawsuit after the right of action accrues (Georgia injury lawsuit deadline).

Georgia also reduces damages by the injured person’s share of fault. Under O.C.G.A. § 51-12-33(a), damages are reduced in proportion to the plaintiff’s percentage of fault. Under O.C.G.A. § 51-12-33, the judge reduces the damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault, but the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed (Georgia fault apportionment statute).

Under O.C.G.A. § 51-12-33, where the plaintiff is to some degree responsible for the injury or damages claimed, the judge reduces the damages awarded in proportion to the plaintiff’s percentage of fault, but the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed (Georgia wrongful death expenses statute).

Whatever the timeline, ask for a signed copy of your fee agreement and keep it with your records. For more on how truck accident claims move through Georgia’s process, see our truck accident guide.

Questions to ask before you sign a fee agreement

Ask what percentage applies at each stage. Ask whether the fee is figured before or after costs, and what you would owe if nothing is recovered.

Use this checklist:

• What percentage applies before a lawsuit is filed, after filing, and at trial?
• Is the fee calculated on the gross recovery or the net recovery?
• Which court costs and case expenses could I owe, and do I owe them if nothing is recovered?
• How and how often will costs and expenses be reported to me?
• How are medical bills and any Medicare payments handled from a recovery?
• Who handles my case day to day, and who on staff can answer questions about my file?

Frequently asked questions

Talk through your fee questions with our team

If you’re dealing with a crash, a serious injury or a death in the family, you may be weighing a fee agreement while bills pile up. You don’t need every answer before you call. Bring your agreement, any medical bill summaries and your questions.

Slam Dunk Attorney offers a free, confidential first consultation with no obligation to continue. To request a free case review and go over the fee terms that apply to your situation, reach out through our contact page.

Responsible lawyer: Peter F. Jaraysi, Slam Dunk Attorney, Duluth, Georgia. Contact us at slamdunkattorney.com/contact-us.

Attorney advertising. This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Fee terms are set in each client’s written agreement.