How Much Do Car Accident Lawyers Charge In California?

Car accident lawyers in California typically charge on a contingency fee basis, usually taking 33-40% of the final settlement or court award.

This means clients pay no upfront costs and only owe fees if they win their case, with the exact percentage often depending on the case’s complexity and whether it goes to trial.

When you work with a boutique firm like GJEL we will tell you upfront what our percentage fee will be. 

Call us at  415-986-4777 to discuss the facts of your case.

You Don’t Need Money Up Front to Hire a Car Accident Attorney

The good news is that you won’t need money upfront when you work with a reputable personal injury lawyer.

Personal Injury lawyers work on a contingency fee basis in California. This means that the attorney doesn’t get paid unless he wins your case. It’s also very beneficial for the client as they don’t have to risk the costs of taking a complex case to trial.

What is the contingency percentage?

The standard percentage among most personal injury lawyers varies greatly, though 25% to 40% is considered an acceptable range. Outlining this in practical numbers, a case that results in $90,000 in damages awarded to the plaintiff will earn the attorney a fee of $30,000.

In some states, other factors may affect the attorney’s percentage. For example, some states require a shifting percentage, which is based on the stage of your case, when the lawyer is retained, and the value of the damages awarded. Another factor has to do with the possibility of an out-of-court settlement. If the case settles before the defendant officially answers the complaint in court, the attorney percentage is usually lower. Conversely, a case going to trial will earn the attorney a higher percentage.

In the above example, suppose the defendant settled for the $90,000, before answering the complaint in court. In that situation, the attorney fee of 33% will earn him the $30,000 fee. However, if the case goes to trial in a state where the law allows the attorney to take 40%, the attorney can take a $36,000 contingency fee.

Of course, the attorney is required to discuss his fee arrangement with you, before signing a retainer. He should thoroughly explain his fee schedule and the conditions which may affect his percentage. As the client, it’s your responsibility to ensure you understand the terms and, if you find something confusing, you must speak up and ask the attorney to explain it further.

Because personal injury attorneys work on this contingency percentage, the initial consultation is often free of charge. During this first session, the attorney will go over your case with you and outline your best strategy. While the attorney can’t guarantee a win or any outcome, he can outline your best possible outcomes, based on the strength of your case and his past experiences. During this visit, the attorney will also discuss his fees, as well as how expenses will affect the amount you’ll be awarded.

It’s very important that you fully understand car accident lawyer fees before hiring a CA personal injury attorney.

Taking A Case To Trial Can Be Costly

You’ll also be responsible for paying expenses and fees associated with your case, but these expenses aren’t always paid upfront. Instead of burdening the plaintiff with these costs as they happen, some law firms will foot the bill and deduct them from your damages in addition to the contingency fee. Other law firms may swallow the expenses as a cost of doing business and deduct them from their share of the damages. It all depends on the laws of the state and the policies of the specific attorney’s office.

Expenses involved in pursuing a personal injury case include court fees, the costs associated with serving summonses and subpoenas, court reporter fees, costs of obtaining medical records and police reports, and expert witness fees. In cases where these expenses are expected to be paid by the plaintiff, the attorney may call his client as each fee is charged. If the client cannot pay one or more of the fees, the case will likely be put on hold, until payment is received.

Typically, the personal injury attorney will take his percentage from the “net settlement,” or the funds left over after all expenses have been paid. This is a common arrangement, but some attorneys may attempt to take their percentage from the gross settlement to increase their pay. The client needs to object to this situation and insist on the more traditional payment arrangement.

How much does a lawyer charge for a car accident, in other cases?

The attorney may ask for an initial retainer in addition to a contingency fee. This can be a warning sign that the firm you’re working with may not have the resources to take the case through trial. This will help the attorney get started on the case. In the event he wins damages for the plaintiff, the attorney will probably deduct that initial retainer fee from his contingency percentage, which is taken after the case. Using the previous example again, suppose the attorney requested an initial retainer of $2,000. Once the settlement of $90,000 was awarded after the case, the attorney would then take $28,000, instead of the $30,000 fee.

While that may seem like quite a bit of money and a very large percentage, in most cases the attorney earns that money. Certainly, a minor accident with just a few dents and bruises won’t require a lawyer, or even see litigation at all, more serious accidents are a different matter. You won’t just be battling a defendant in court; you’ll also be dealing with an insurance company eager for a quick settlement. The settlements offered by insurance companies are often very low and not nearly enough to cover damages, so, for this reason alone, the 33.33% contingency fee for a personal injury lawyer may be well worth the cost. In the end, it’s up to you to determine if your case requires the expertise of a personal injury attorney.

How do auto accident attorneys throughout the US typically charge their fees?

Car accident attorneys typically operate on a contingency fee basis, meaning that their compensation is tied to the compensation received from their clients. The standard percentage for this type of fee structure ranges from 33% to 40% of the total settlement or award.

However, if the case goes to trial, the fee may increase to as much as 45% or more. The exact fee structure and percentage charged by a car accident attorney can vary based on several factors, including the complexity of the case, the attorney’s level of experience, and the location of the case.

Before hiring a car accident attorney, it is wise to discuss the fee structure and percentage charged to avoid any unexpected costs or misunderstandings. Many car accident attorneys offer a free initial consultation, which provides an opportunity to address questions about the fee structure and other concerns.

How much do lawyers take from settlements in California?

At GJEL Accident Attorneys, we believe in full transparency about settlement fees. In California personal injury cases, lawyers typically receive between 33% to 40% of the total settlement amount as their contingency fee. This percentage can vary depending on the complexity of your case and whether it settles before trial or requires litigation. For instance, if your case settles for $100,000, and our contingency fee is 33%, we would receive $33,000 while you would receive $67,000 (before deducting case-related expenses).

It’s important to understand that case-related expenses are usually deducted from the settlement amount before the attorney’s percentage is calculated. These expenses might include court filing fees, expert witness costs, medical record retrieval fees, and investigation expenses. At GJEL, we advance these costs during your case, so you don’t have to pay anything out of pocket. These expenses are then reimbursed from the settlement.

The exact percentage a lawyer takes from your settlement must be clearly outlined in a written fee agreement at the start of your case – this is required by California law. Keep in mind that this contingency fee structure means you pay nothing unless we win your case. We believe this arrangement aligns our interests with yours, as our compensation is directly tied to securing the best possible outcome for your case. During your free initial consultation with GJEL, we’ll explain our fee structure in detail and ensure you understand exactly how the settlement distribution will work.

What are most lawyer fees for a car accident?

After a car accident, most personal injury attorneys work on a contingency fee basis, which means they only get paid if they successfully recover compensation for their client. The standard contingency fee typically ranges from 33% to 40% of the final settlement or court award. For example, if your case settles for $100,000, your attorney would receive between $33,000 to $40,000 as their fee.

However, the exact percentage can vary depending on several factors, including the complexity of the case, whether it goes to trial and the specific law firm’s policies. Some firms may charge a lower percentage (around 25%) if the case settles quickly before filing a lawsuit, while the fee might increase to 40% or more if the case goes to trial due to the additional time and resources required. It’s important to note that most reputable car accident attorneys offer free initial consultations and will clearly explain their fee structure before you sign any agreements. Additionally, since they work on contingency, you won’t have to pay any upfront costs, and the attorney’s fees will only come out of your settlement or verdict amount.