Understanding Legal Fees After an Injury

When you’re injured due to someone else’s negligence, hiring a lawyer might feel financially overwhelming. But here’s the good news: most personal injury lawyers work on a contingency fee basis, meaning you pay nothing unless you win.

This guide explains how contingency fees work, what typical percentages are, and how we at John Michael Bailey Injury Lawyers ensure transparency and fairness.

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

What Is a Contingency Fee?

A contingency fee is a performance-based payment. Instead of billing hourly, your attorney takes a percentage of your compensation—and only if you win. If your case is unsuccessful, you owe nothing in legal fees.

This system ensures equal access to legal representation—regardless of income or background.

At John Michael Bailey Injury Lawyers, we are proud to provide contingency fee agreements in order to help injured victims to obtain justice.

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.

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?

Typically, 35% before litigation and 40% if the case goes to trial.

Do I have to pay upfront for a personal injury lawyer?

No. Most injury attorneys—including ours—work on a contingency fee basis, meaning you pay nothing unless you win.

Are there other costs besides attorney fees?

Yes. Expenses like filing fees, medical record requests, and expert witnesses are common—but often advanced by the law firm.

What if my case doesn’t win?

If you don’t receive compensation, you owe nothing to us in legal fees or case expenses.

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