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Understanding Personal Injury Attorney Fees in Settlements

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Understanding Personal Injury Attorney Fees in Settlements

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Understanding Personal Injury Attorney Fees in Settlements

Brubaker Injury Law

June 29, 2023

When you’re involved in a personal injury case, hiring an attorney is essential to protect your rights and seek fair compensation. But how much will your attorney charge? Let’s explore the details of attorney fees in personal injury settlements.

Contingency Fee Basis

  • Contingency Fee: Most personal injury lawyers in the U.S. work on a contingency fee basis. This means they get paid only if they win compensation for you. It’s often referred to as “no win, no fee.”
  • Fixed Percentage: The contingency fee is usually stated in a written agreement between you and the law firm. Typically, it’s around one-third (33%) of the final settlement amount. If the case requires litigation, the fee will typically increase to 40%.
  • Risk and Selectivity: Attorneys take into account the risk of not being paid for their work. They carefully evaluate cases and choose those with a higher chance of success.

How It Works

  • Deducted from Settlement: If your case results in a settlement agreement with the insurance company or a court award, the attorney’s fee is deducted from that amount.
  • Court Costs and Expenses: In addition to the percentage fee, attorneys cover any costs and expenses during the case. These include filing fees, expert witness fees, and other necessary costs. These expenses are also deducted from the final award.

Example Scenario

Let’s illustrate with an example:

  • You receive a $100,000 settlement for serious car accident injuries.
  • The case resolved prior to litigation. Your attorney’s fee (around one-third) would be $33,333.
  • Your case costs were $2,000.
  • Your outstanding medical bills were $10,000.
  • After deducting attorney’s fees, costs, and medical bills you would receive a net settlement of approximately $54,667.67.

Transparency and Clarity

  • Clear Indication: Before signing a contract with an attorney, ensure you have a clear understanding of their fees.
  • Win-Win: The arrangement benefits both you and the attorney. You receive compensation for your losses, and the attorney’s hard work is rewarded.


Remember that every case is unique, and fees may vary based on state regulations and individual agreements. Consult with an experienced personal injury attorney to discuss your specific situation and protect your rights.

At Brubaker Injury Law, we’re here to help you navigate the complexities of your personal injury case, and we don’t charge you a cent unless we win your case. If you’ve been injured in an accident, don’t hesitate to reach out to us for a free, no-strings-attached consultation. We’re here for you.

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