Most personal injury lawyers take between 33% and 40% of your settlement or verdict. The exact percentage depends on whether your case settles early or goes to trial. In Tennessee and Mississippi—including Memphis and Tupelo—these ranges are consistent with the national averages.

At John Michael Bailey Injury Lawyers, we use contingency fees, which means you don’t pay anything unless we win your case. Plus, with our JMB Guarantee, our clients always take home more money than we do.

Published by John Michael Bailey Injury Lawyers | Serving Tupelo & Memphis

What Is a Contingency Fee?

A contingency fee is a payment structure where your lawyer only gets paid if you recover compensation. Instead of charging hourly, the attorney takes an agreed-upon percentage of your recovery. If you don’t win, you owe nothing.

This system gives everyone access to experienced legal representation—regardless of financial situation.

Typical Contingency Fee Percentages

The contingency fee for personal injury lawyers in the USA ranges from 35% – 40% of compensation recovered. Here are more details:

Law firms across the country charge a range of percentages for contingency fee cases. Some of them are statutory such as:  

• Social Security Disability cases: 25%
• Workman’s Compensation claims are: Typically, 20% – 25%, depending on the state.
• Medical Malpractice: capped at 3% in some jurisdictions
• Truck Accidents, Car Crashes, Slip Trip and Fall cases are an average 35% for cases in prelitigation and 40% once a lawsuit is filed. These are the fees for majority of the firms that focus their practice areas on injury cases.

These percentages are standard across reputable firms. John Michael Bailey Injury Lawyers follows these percentages although there is the consideration of the JMB GUARANTEE which means that the client will always get more in recovery than the firm will in attorney’s fees so the firm has a long-standing practice of reducing the percentage of fee to make sure the client gets the most money.

Tennessee & Mississippi Personal Injury Lawyer Fees

In both Tennessee and Mississippi, contingency fees for personal injury cases generally fall within the 35%–40% range, consistent with the national standard.

At John Michael Bailey Injury Lawyers, we go further with the JMB Guarantee: you’ll always take home more than we do, no matter the result.

Are There, Other Costs Involved In A Personal Injury Lawsuit?

Yes, but they’re usually handled separately from the attorney’s percentage. These may include:

Court filing fees: Court filing is a legal document which is sent to a court with a view to initiate or continue a case. They include such things as the complaints, motions, and responses. These papers help keep a record of the case and make sure the legal process is followed correctly.

Fees for obtaining medical records or police reports: Fees for obtaining medical records or police reports exist because processing these requests requires time, resources, and administrative work from the healthcare providers and law enforcement agencies.

Expert witness costs: Expert witnesses are paid because they provide specialized knowledge that helps clarify complex issues in legal cases. Their expertise strengthens arguments, supports claims, and influences court decisions. Their fees cover research, analysis, and testimony, ensuring they deliver accurate and credible insights that add value to a case.:

Investigative services: require specialized skills, time, and resources to uncover important evidence. Investigators collect facts, interview witnesses, monitor activities, and review documents to build a strong case. Their expertise helps uncover hidden details, verify claims, and ensure legal arguments are supported by solid proof.

Some law firms front these expenses and recover them from your settlement. Others may ask you to cover them as they arise. At John Michael Bailey Injury Lawyers, we never ask the client to pay the expenses – we recover them at the conclusion of the case. This reduces the financial burden that our clients might have – going into the case.

Can The Percentage That Lawyers Take In A Personal Injury Lawsuit Change?

Yes. This is called a sliding scale contingency fee. The percentage your attorney takes may depend on when your case is resolved:

• Pre-litigation settlement: Lower percentage (e.g., 35%)
• Post-lawsuit or trial resolution: Higher percentage (e.g., 40%) due to increased work and risk

This flexible model is industry-standard and reflects the time, effort, and resources required at different stages.

Related Article: How hard is it to win a personal injury lawsuit?

Why Contingency Fees Work for Everyone

Contingency fees create a win-win scenario:

• Clients gain access to experienced legal help without upfront costs.
• Lawyers are motivated to win and maximize your compensation because their payment depends on it.

At John Michael Bailey Injury Lawyers, we have over 45 years of helping clients in Memphis and Tupelo recover millions in compensation — and we never charge a fee unless we win your case.

Free Consultations and Transparent Agreements

Not sure if you have a case? We offer free, no-obligation consultations to review your case. Our team will explain your legal options, answer your questions and, make sure you’re fully informed before moving forward.

Contact John Michael Bailey Injury Lawyers Today

If you’ve been injured due to someone else’s negligence, don’t wait. Call us at 888-WE-FIGHT or visit https://calljmb.com/blog/what-is-my-case-worth/ to schedule your free consultation. With offices in Memphis, TN, and Tupelo, MS, we’re here to help you every step of the way — and you won’t owe us a dime unless we win.

You can also watch our videos on YouTube and Follow us on Facebook.

Frequently Asked Questions (FAQs)

What percentage do most personal injury lawyers take?

Most personal injury lawyers take 35% to 40% of your recovery. Typically, it’s 35% if the case settles before trial and up to 40% if it goes to court.

Do I have to pay a personal injury lawyer upfront?

No. Personal injury lawyers usually work on a contingency fee basis, meaning you don’t pay anything upfront. You only pay if you win your case.

Are there additional costs besides attorney fees?

Yes. Some cases involve expenses such as court filing fees, medical record requests, expert witness fees, or investigations. At John Michael Bailey Injury Lawyers, we cover these costs upfront and only recover them if you win.

What happens if I don’t win my case?

If you don’t win, you pay nothing in attorney fees or case expenses at John Michael Bailey Injury Lawyers.

Final Thoughts

Hiring a personal injury lawyer shouldn’t feel risky or expensive. With contingency fees and the JMB Guarantee, you’re protected from start to finish. Our team has over 45 years of experience, offices in Memphis and Tupelo, and a long history of results.

Let us fight for the compensation you deserve.

📞 888-WE-FIGHT | 🌐 calljmb.com