Car Accident Lawyer Fees: What To Expect (2025)

How Much Do Lawyers Take From Car Accident Settlements?

What to expect regarding fees depends on the attorney’s fee structure. Commonly, auto accident attorney fees are around 33% of the total compensation. However, if the case involves complex legal issues or is likely to result in a trial, the fee may be closer to 40% of the car accident settlement or verdict. The fee can also vary depending on the experience the attorney brings to the table.

Some attorneys use a sliding scale, adjusting their fee percentage based on your case’s progress. For example, if your case settles early, they may only charge 25% of the payout. As the complexity and workload increase, your attorney may raise their fee to 40%.

For instance, let’s say you were awarded a settlement of $150,000:

• If your attorney’s fee is 25%, their portion would be $37,500, leaving you with $112,500.
• If their fee is 33%, they would take $49,500, leaving you with $100,500.
• If the case goes to trial and the fee increases to 40%, the attorney’s portion would be $60,000, and you would receive $90,000.

Common Lawyer Fee Structures for Car Accident Cases

Car accident lawyers use several different fee structures, including the following:

Contingency Fee

If you work with any kind of personal injury lawyer, there’s a good chance they’ll use a contingency fee payment structure. This is where you agree to pay the lawyer a percentage of the total compensation you receive. If they don’t win your case, you pay nothing.

Hourly Fee

Some lawyers bill by the hour. Before hiring an attorney, you should ask for an estimate of how many hours your case will take.

Flat/Fixed Fee

Lawyers rarely charge a fixed or flat fee to work on car accident cases. This fee structure is typically reserved for one-off services like drafting contracts.

Hybrid Fee

Some law firms may use a mixture of methods. For instance, a firm might charge a flat fee up front and also require you to pay a contingency fee if you win.

Contingency Fees

The question “how much does a car accident lawyer cost?” doesn’t have a single answer. Most car accident lawyers fees are based on the contingency fee model, meaning they depend on the successful outcome of your case. According to the American Bar Association (ABA), a contingency fee is only payable if the lawyer wins.

When dealing with mounting medical bills, lost wages and other personal injury expenses, the last thing you want to worry about is auto accident attorney fees. With the contingency model, you don’t have to pay anything out of your pocket, allowing you to heal without added financial stress.

The major advantage of contingency fees is that you don’t have to pay your lawyer a dime in fees if you lose your case. However, if you win, your lawyer receives a significant percentage of your car accident settlement or award, which could amount to one-third or more.

Average Lawyer Contingency Fees for Car Accident Cases

Before agreeing to pay a contingency fee, you should make sure you understand how much the lawyer will take. Usually, these fees are about 33%. However, they can sometimes be as high as 40%. Many lawyers will charge more for cases that go all the way to trial.

What About Legal Expenses?

If you wonder how much lawyers charge for accident claims, remember that there are legal expenses on top of attorney’s fees. Filing a lawsuit comes with various expenses that you may have to pay whether you win or lose:

• Court filing costs
• Transcription expenses
• Fees for pulling official documents
• Expert witness fees
• Costs of gathering police reports and other evidence
• Deposition expenses

Some car accident lawyers pay these upfront costs out of their pockets and tie them into the final fee. In this case, you’ll only pay for legal costs if you win. However, other lawyers may charge you for legal costs as they come due. To avoid misunderstandings and unexpected bills, ask about legal costs when discussing fees.

Additional Costs Beyond Lawyer Fees

Car accident cases are often complex, so it isn’t unusual for them to involve expenses you might not expect. Potential additional costs include:

• Fees for expert witness testimony
• Fees for getting copies of your medical records
• Deposition expenses if you need sworn testimony from witnesses out of court
• Cost of trial exhibits, postage, and other miscellaneous expenses
• Court costs

In many cases, your car accident lawyer will absorb the cost of these expenses as they work on your case. If they recover compensation for you, they may deduct these expenses from your final award.

Other Types of Auto Accident Attorney Fees

While a contingency fee may be the most common way to charge car accident lawyer fees, it’s not the only model. Other payment structures include hourly rates, flat fees, retainers and hybrid options.

• Hourly Fee. With an hourly fee, you’re billed for each hour of legal work your attorney performs. You either pay these fees upfront or as the work is completed, regardless of the case’s outcome.
• Flat Rate. A flat rate is a predetermined, fixed amount that an attorney usually charges for specific legal services rather than for handling an entire case. Flat fees can be advantageous if you need help with a certain task, such as drafting a demand letter.
• Retainer. A retainer is usually a large sum of money clients pay upfront. The attorney withdraws against the retainer as they provide legal services.

In addition to these three types of fees, hybrid models can involve a combination of contingency fees, hourly rates and flat fees. For example, a lawyer may charge a flat fee to help you with an insurance claim but use a contingency fee once you move forward with a personal injury lawsuit.

Never assume your lawyer works on contingency. An hourly fee or retainer could leave you out of pocket if you lose the case. Ensure you fully understand your car accident lawyer fees before hiring a lawyer.

How is fault determined in a car accident?

Understanding fault is crucial as there are over 5 million car accidents annually in the US. That’s nearly 20,000 accidents per day across the country.

How fault and liability are determined depends on your state’s laws. For example, in fault-based states, such as California, the party causing an accident is responsible for the damages. Typically, car insurance companies and courts will examine the evidence to assign fault.

On the other hand, no-fault states like Florida have different laws. Here, drivers typically carry personal injury protection insurance (PIP), which covers their medical expenses regardless of who caused the crash. In no-fault states, you can usually only sue for damages if you meet specific thresholds, such as a severe injury or a certain amount of property damage.

Is Hiring a Lawyer Worth It?

After discovering how much a car accident lawyer costs, you might wonder whether you should handle your claim on your own. If you experienced a minor accident and suffered no or only minimal injuries, you may not need a lawyer. That said, getting legal advice is always a good idea when you’re involved in a crash.

However, hiring a skilled attorney can certainly be worth it if you have significant injuries and high damages or when a loved one dies in the crash. If the attorney’s fees seem steep, consider how much money you might leave on the table without legal representation. You may not know the worth of your claim and accept a low settlement offer or lose the case and recover nothing.

A car accident lawyer can help you by:

• Analyzing your case with the help of industry experts
• Identifying all at-fault parties in the crash
• Determining the worth of your case
• Gathering and organizing evidence to prove your claim
• Negotiating with insurance companies to maximize your payout
• Presenting your case powerfully at trial

We’re Here to Guide You

With nearly 100 million registered cars in the US, accidents happen frequently. Recovering from a car accident is emotionally, physically and financially draining. However, you don’t have to go it alone.

Consumer Shield can help you find the legal representation you need to get your life back on track. Ready to speak to an attorney? Just fill out the form on this page to get the process started today.

Free Consultations: What You Need to Know

Nearly all auto lawyers offer free, no-obligation consultations. Selecting an attorney is a critical decision, and it’s not one you should rush. Your choice of attorney could mean the difference between getting the compensation you need and getting nothing at all.

Don’t just go with the first attorney who takes your case. Instead, take the time to set up free consultations with multiple lawyers.