Typical percentages
- About 33⅓% if the case settles before a lawsuit is filed.
- About 40% if a lawsuit is filed or the case goes to trial.
- Some agreements use a sliding scale that rises at each stage.
Costs are separate
Case costs (records, filing fees, depositions, experts) are usually repaid from the recovery. Ask who pays them if you lose.
Gross vs net
A fee on the net recovery (after costs) leaves more for you than a fee on the gross.
Negotiating
Fees are negotiable, especially for clear-liability cases or large claims. Some states cap fees for certain cases (such as medical malpractice or workers’ comp).
Run the numbers in our settlement calculator.
