Standard Personal Injury Fee Hovers Around 33.3%

Josh Schwadron

Written By

Josh Schwadron

Chief Executive Officer

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Published On

June 23, 2022

Published On

June 23, 2022

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Quick Answer

Personal injury lawyers operate on contingency fees, meaning they only get paid if their client wins the injury case. While on the surface the contingency fee model may sound like an act of benevolence, many personal injury lawyers use this model to make more money than they would if they didn’t work on contingency. The industry norm for contingency fees in personal injury law is around 33.3%.

Average Contingency Fee in a Personal Injury Case?

The industry norm of a 33.3% contingency fee is well-documented across a variety of sources. The New York City Bar Legal Referral Service, an arm of the New York City Bar Association, recognizes the “ordinary percentage” for a contingency fee in a personal injury case is 33%

Academics also write about 33% being the standard fee for a personal injury lawyer. For example, a Stanford Law Review Article published in 2013 cited contingency fees for legal services are “sticky around 33%.” Further supporting this point is a 2015 article from the University of Illinois Law Review which states a “clear majority of [personal injury] cases have a contingency fee of one-third [33.3%] of the recovery.”

Media sites, including AllLaw, write that contingency fees are “between 33 and 40 percent” for a personal injury case. The New York Times further corroborates the 33% fee, writing “contingency fees are uniformly 33 percent.” 

The 33% contingency fee is so pervasive that the American Bar Association writes fees in a contingent fee arrangement are “often one-third [33 percent] to 40 percent.” We see the general acceptance of this rate across the industry as being problematic.

Want to find your best evidence supporting that law firms charge 33% pre-suit? Google PI lawyers or personal injury attorneys. Click on the first few links, give the numbers a call, and ask what they charge if they settle your car accident case before trial. We’re confident that 33% is the minimum personal injury attorney fee you will hear from nearly every law firm.

Expenses in a Personal Injury Case

Did you know that most personal injury lawyers cover the costs or expenses as they come? They usually just deduct them from the total settlement. 

Here are some of the common expenses and costs:

  • Administrative expenses
  • Court filing fee
  • Copying fees
  • Deposition
  • Expert witness fees
  • Costs related to evidence gathering
  • Investigators
  • Transcripts
Why Choose Mighty?

Mighty knows that a higher legal fee or contingent fee means less settlement money for clients. This is why Mighty Law charges personal injury fees that are 10% below the industry standard for each car accident case.That not only leaves clients with more money in their pockets, but creates pricing alignment that puts the personal injury lawyer’s incentives in line with that of their client.

If you need help settling a case, reach out to us to get your dedicated team of car accident lawyers today.

(Note: Mighty Law has discontinued the 10% back program for reasons discussed here.)

Mighty is using its data-driven, nerdy know-how to help people after an accident. Mighty Law lawyers charge lower rates and commit to a Code of Conduct that forbids behaviors typical among billboard injury attorneys, such as quid pro quos for referring people to their doctor friends. Plus, you can work with a Mighty Law lawyer at no cost for up to 60 days if no lawsuit or demand letter is filed.

Josh Schwadron

Written By

Josh Schwadron

Chief Executive Officer

About the author

Joshua is a lawyer and tech entrepreneur who speaks and writes frequently on the civil justice system. Previously, Joshua founded Betterfly, a VC-backed marketplace that reimagined how consumers find local services by connecting them to individuals rather than companies. Betterfly was acquired by Takelessons in 2014. Joshua holds a JD from Emory University, and a BA in Economics and MA in Accounting from the University of Michigan.

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