Standard Personal Injury Fee Hovers Around 33.3%

The Mighty Team

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The Mighty Team

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Published On

June 23, 2022

Published On

June 23, 2022

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Personal injury lawyers operate on contingency fees, meaning they only get paid if their client wins the 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%.

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 industry norm for contingency fees. 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 personal injury cases. 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. Click on the first few links, give the numbers a call, and ask what they charge if they settle your case before trial. We’re confident that 33% is the minimum fee you will hear from nearly every firm.

Mighty knows that higher fees mean less money for clients. This is why Mighty Law not only charges fees that are 10% below the industry standard, but also gives 10% back on most other costs associated with a client’s case. That not only leaves clients with more money in their pockets, but creates pricing alignment that puts lawyers’ incentives in line with that of their client.

(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.

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