Rob King & Associates, Trial Lawyers | March 28, 2025 | Personal Injury
If you were injured in a car accident, slip and fall, truck accident, or other personal injury incident, you may be considering filing a legal claim against the party responsible for your injuries. You may have heard about contingency fees and percentage-based legal representation.
Each lawyer has the right to set their own rate, though there are limits set by the law. Here is what you should know about the process of paying for a personal injury lawyer’s legal services.
Common Fee Arrangements Lawyers Use
Lawyers in different practice areas may use various types of fee arrangements. An hourly rate is a common way attorneys charge for their services. Under this fee agreement, the lawyer charges a set rate (which can vary significantly between lawyers), multiplies that number by the number of hours they worked, and bills the client for that amount.
Another common payment structure for legal services is a flat rate. This fee arrangement charges the client a specific amount for agreed-upon legal services, regardless of how much time they spent on the case.
Personal injury lawyers often use contingency fee agreements. Under these fee arrangements, the attorney receives a percentage of the money they recover for their client when they win or settle the case.
Contingent means that payment for services is dependent on a successful resolution of the case – typically through an insurance settlement or trial award. If the attorney recovers compensation, they receive the percentage identified in the agreement. If they don’t win, you don’t owe them for their legal services.
The amount lawyers charge for their attorney fees is governed by ethical rules. Factors that can affect attorney fees can include things like the complexity of the case, time limitations, and more.
Contingency Fees Percentages
Each lawyer can establish their own rate as long as it is within the bounds of the law and ethical rules mentioned above (meaning they can only vary so much). Additionally, the percentage they charge may vary from one case to the next. Factors that can affect these percentages include:
- The type of case
- The seriousness of the client’s injuries
- The location of the legal proceedings
- The attorney’s track record of success
According to the American Bar Association (ABA), many personal injury lawyers charge between one-third and 40%. Therefore, if a lawyer wins $100,000 in damages and charges a contingency fee of one-third, they would be owed $33,333 in attorney fees.
Additionally, some areas of law may have caps on attorney fees, including Social Security Disability and medical malpractice cases. In Indiana, attorneys can only charge up to 32% of the overall recovery they make in medical malpractice cases.
Note that there are various “costs of the case” that may be incurred during the course of a personal injury claim, such as expert witness fees. Many lawyers pay for these as they arise but then are factored into the contingency fee. Check with the attorney you are considering ahead of time so that you’ll know what to expect.
Contact our Indianapolis personal injury Lawyers from Rob King & Associates, Trial Lawyers for Help Today
For more information, please contact Rob King & Associates, Trial Lawyers to schedule a free consultation with a personal injury lawyer in Indianapolis, Indiana, today.
We proudly serve Marion County and its surrounding areas.
Rob King & Associates, Trial Lawyers – Indianapolis Office
22 E Washington St #310
Indianapolis, IN 46204
(317) 916-0000