In a contingent fee situation, the percentage that the lawyer gets is generally dependant upon agreement between the client and the lawyer. The contingent fee percentage is negotiable between the lawyer and the client in most cases. It is not generally set by law or association.
In some cases the percentage fee is going to be set by a judge after the case is concluded (in cases of minors or incompetents). In some cases the percentage is set by law (workers’ compensation claims and some medical malpractice cases).
Most personal injury contingent fee agreements are about 1/3 for cases that are not filed as a lawsuit and 40% for cases that are actually filed.
Our law firm starts at a 25% contingent fee. The percentage then goes up according to how difficult the case is, how long it is likely to take, how much the costs are likely to be, how much work is likely to be involved and the likelihood of success.
Bisnar|Chase, Personal Injury Attorneys
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