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How lawyers charge, by type of case
How lawyers usually charge in 26 practice areas (contingency, flat fee or hourly) and whether consultations are free.
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Sources: Compiled by American Attorneys editors from common US fee practice; Social Security fee cap from ssa.gov. Checked October 2026.
Numbers on this sheet can change. We recheck it by October 2027; the PDF at this address is always the latest.
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What is on this chart
| Case type | How they usually charge | Free consult? |
|---|---|---|
| Car accident | Usually contingency, often 33⅓% of the recovery, rising to about 40% if the case goes to trial | Almost always |
| Truck accident | Usually contingency, often 33⅓% of the recovery, rising to about 40% if the case goes to trial | Almost always |
| Motorcycle accident | Usually contingency, often 33⅓% of the recovery, rising to about 40% if the case goes to trial | Almost always |
| Slip and fall | Usually contingency, often 33⅓% of the recovery, rising to about 40% if the case goes to trial | Usually |
| Medical malpractice | Contingency; several states limit malpractice fee percentages | Usually |
| Wrongful death | Usually contingency, often 33⅓% of the recovery, rising to about 40% if the case goes to trial | Almost always |
| Workers’ compensation | A percentage of benefits, typically capped and approved by the state | Usually |
| Employment law | Often contingency for discrimination, retaliation and wage cases; hourly or flat fee for contract review | Often |
| Divorce | Hourly (often $200-$500+ an hour) against a retainer; flat fees are common for simple uncontested divorces | Sometimes; many charge a modest consult fee |
| Child custody & support | Hourly against a retainer; some offer limited-scope help | Sometimes |
| DUI / DWI | Often a flat fee for the case, with a higher fee if it goes to trial | Often |
| Criminal defense | Flat fee for many cases or hourly; court-appointed counsel is available if you can’t afford a lawyer | Often |
| Bankruptcy | Usually a flat fee; Chapter 13 fees are often largely paid through the repayment plan | Very often |
| Social Security disability | Up to 25% of past-due benefits, capped at $9,200 (Social Security rule since November 30, 2024), paid only if you win | Almost always |
| Wills, trusts & estate planning | Usually a flat fee: simple wills cost much less than trust-based plans | Often |
| Probate | Hourly or flat fee; a few states set fees as a percentage of the estate | Often |
| Landlord & tenant | Hourly or flat fee; free legal aid is often available to tenants facing eviction | Sometimes |
| Real estate | Flat fee for closings and contract review; hourly for disputes | Sometimes |
| Small business | Flat fees for formation and standard contracts; hourly for advice and disputes | Often |
| Immigration | Usually a flat fee per application or case stage, plus government filing fees | Sometimes |
| Dog bite | Usually contingency: commonly about 33⅓% of the recovery, more if the case goes to trial | Almost always |
| Uber & Lyft accident | Usually contingency: commonly about 33⅓% of the recovery, more if the case goes to trial | Almost always |
| Pedestrian accident | Usually contingency: commonly about 33⅓% of the recovery, more if the case goes to trial | Almost always |
| Nursing home abuse & neglect | Usually contingency: commonly about 33⅓% of the recovery, more if the case goes to trial | Almost always |
| Wrongful termination | Often contingency for strong cases; some hourly or hybrid | Often |
| Traumatic brain injury | Usually contingency: commonly about 33⅓% of the recovery, more if the case goes to trial | Almost always |
