What percentage do contingency fee lawyers take in the US?
Standard personal injury contingency fees are 33% (one-third) if the case settles before a lawsuit is filed and 40% if it proceeds to litigation or trial. Some states cap fees on a sliding scale, and certain claim types (medical malpractice in some states) have statutory limits.
Is the contingency fee taken before or after case costs?
This depends on the retainer agreement. If the fee is calculated on the gross, the percentage comes off the full recovery and costs are then subtracted, which is more expensive for the client. If calculated net of costs, costs are deducted first. Always confirm which method your agreement uses.
What are medical liens and how do they affect my net?
If health insurers, Medicare, Medicaid, or medical providers paid or deferred your treatment, they may assert a lien for repayment from your settlement. These liens are deducted from your recovery after the attorney fee and can be negotiated down, which increases your net.
Do I owe anything if I lose my contingency case?
Under a pure contingency agreement you owe no attorney fee if you do not recover. However, you may still be responsible for case costs (expert fees, court filing fees, deposition costs) depending on the agreement. Clarify cost responsibility before signing.