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Most personal injury lawyers in California take between 33 to 40 percent of each settlement or award they win, but can go as high as 50 percent depending on the complexity of the case. This reflects cases taken on a ?contingency fee? basis.
Critics of contingency fees assert that contingency fees: (1) encourage too many frivolous suits; (2) incentivize contingent fee lawyers to settle too soon and for too little; and that (3) contingent fees are usually too high relative to the risks that attorneys bear in a particular case.
A typical contingency fee percentage is anywhere from 30 to 40% of your recovery. Your contingency fee agreement will set out the exact percentage. These percentages are often staggered so that your lawyer will get a higher percentage if the case goes to trial ? which requires more time and work for their law firm.
Usually, a personal injury lawyer will take one-third of your final settlement offer as compensation for their work. For example, a settlement of $10,000 would result in a $3,333 payment to your lawyer and $6,667 for you to take home.
A retainer fee can be any denomination that the attorney requests. It may be as low as $500 or as high as $5,000 or more.
Hello: My name is ***** ***** I am an attorney. Most contingency fee agreements give the lawyer a percentage of between 33 and 40 percent. So 40% is at the high end. In the majority of cases, a personal injury lawyer will receive 33 percent (or one third) of any settlement or award.
In a contingent fee arrangement, the lawyer agrees to accept a fixed percentage (often one-third to 40 percent) of the recovery, which is the amount finally paid to the client. If you win the case, the lawyer's fee comes out of the money awarded to you.