The headline is simple — a third before suit, 40% after. The money is in the fine print: whether the fee applies to gross or net, who pays costs on a loss, whether the fee touches lien savings, and when statutes cap the whole thing. All of it below, with the arithmetic worked.
Reviewed August 24, 2026 · methodology · changelogPersonal injury runs on contingency — the attorney is paid a percentage of the recovery, nothing on a loss. The standard tiers reflect risk and work: ~33⅓% for pre-suit settlement, 40% once a lawsuit is filed, sometimes more through trial. Case costs — records fees, filing fees, depositions, experts (which can run five figures in serious cases) — are expenses on top of the fee. Good agreements advance costs and waive them on a loss; some require repayment regardless. Know which yours is.
| Settlement (gross) | clear-liability case, settled pre-suit | $100,000 |
| Fee on gross (33⅓%) | $100,000 × ⅓ | $33,333 |
| Fee on net of costs (33⅓%) | ($100,000 − $8,000) × ⅓ | $30,667 |
| The one-sentence difference | $33,333 − $30,667 | $2,667 |
The caps live in specific systems, and we cite them on the relevant pages: workers' comp fees are statute-capped in most states — Texas at 25% (Labor Code §408.221), Oklahoma at 20% of permanent awards (85A O.S. §82), Colorado's 25% presumption (C.R.S. §8-43-403), Florida's statutory schedule (§440.34) — and minors' settlements need court approval nearly everywhere. Ordinary auto-claim contingency percentages are set by the market and your signature, which means they're negotiable before you sign, and rarely after.
Before signing: gross or net? (fee-on-net favors you) — who pays costs if we lose? (advanced-and-waived is the good answer) — will you negotiate my liens, and does your fee apply to what you save me? (lien reduction is the cheapest money in the case). Then decide the hire itself with arithmetic: the take-home calculator run both ways — with and without representation — makes the answer visible in one screen.
Almost all work on contingency — no fee unless you recover. The market-standard tiers: 33⅓% if the case settles before a lawsuit is filed, 40% after filing, sometimes 45% if a trial or appeal happens, and 25% appears in some early policy-limit agreements. Case costs (records, filing, experts) are billed on top. The percentage is negotiable, especially on clear-liability cases with obvious value.
It varies by agreement — and it's real money. On a $100,000 settlement with $8,000 in costs: fee-on-gross means a $33,333 fee; fee-on-net means $30,667 — about $2,700 difference from one sentence in the contract. Ask before signing; fee-on-net favors you.
Yes, in specific arenas we've verified against the statutes: workers' comp fees are capped in most states (Texas 25%, Oklahoma 20% of permanent awards, Colorado presumes fees above 25% unreasonable, Florida uses a statutory schedule); many states cap fees in medical-malpractice cases; and court approval is required for settlements involving minors. Ordinary car-accident contingency fees are market-set, not statute-capped, in most states.
It's an arithmetic question, not a loyalty question: representation pays for itself when the attorney's likely result exceeds your best self-negotiated offer by more than the fee plus costs. On small clear-liability claims that test often fails; on serious injuries, disputed fault, or stuck negotiations it usually passes decisively. Run both scenarios in the take-home calculator and let the numbers decide.