Most personal injury lawyers take between 35% and 40% of your total settlement or verdict. This is known as a contingency fee, meaning your lawyer only gets paid if you win.

In Tennessee and Mississippi, including Memphis and Tupelo, these percentages align with national averages.
At John Michael Bailey Injury Lawyers, our JMB Guarantee ensures you always take home more than we do.

What Is a Contingency Fee?

A contingency fee is a payment arrangement where your attorney’s fee depends on the outcome of your case. If you don’t recover compensation, you pay nothing in attorney fees.

This structure allows injured victims to access skilled legal representation without paying upfront — leveling the playing field against insurance companies.

Typical Contingency Fee Percentages

Case Type	Pre-Litigation Fee	Post-Litigation / Trial Fee
Car, Truck, Slip & Fall, and General Injury Cases	33%–35%	Up to 40%
Workers’ Compensation	20%–25%	—
Social Security Disability	25% (federal cap)	—
Medical Malpractice	30%–35% (varies by jurisdiction)	—

These percentages reflect industry standards.
At John Michael Bailey Injury Lawyers, we sometimes reduce our fee so our clients always recover more than we do — part of the JMB Guarantee.

Tennessee & Mississippi Personal Injury Lawyer Contingency Fee Guidelines

In Tennessee and Mississippi, personal injury lawyers typically charge 35% to 40% of the total recovery, depending on how far the case progresses.

• If your case settles early: around 33%–35%
• If your case goes to trial: up to 40%

These rates compensate for the increased time, resources, and risk involved in litigation.
However, our firm absorbs many costs upfront so clients never face surprise expenses.

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:

• No upfront fees or retainers
• Your lawyer is motivated to win and maximize compensation
• Access to experienced attorneys regardless of income
• Transparent, outcome-based billing

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.

Choosing the Right Personal Injury Lawyer

When comparing attorneys:

• Ask for a clear fee agreement in writing.
• Confirm whether case costs are deducted before or after fees.
• Look for a firm with a track record of results and client-first guarantees.

At John Michael Bailey Injury Lawyers, our promise is simple: No win, no fee — and you always take home more than we do.

Contact John Michael Bailey For A Free Consultation Today

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.

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