When you’re dealing with a personal injury, whether from a car crash, slip and fall, or medical malpractice, one of your biggest concerns is often cost — especially legal costs. The good news? Most personal injury lawyers work on something called a contingency fee basis, which means they don’t get paid unless you win.

What Is a Contingency Fee?

A contingency fee means your lawyer’s payment is contingent — or dependent — on the outcome of your case. You don’t owe anything upfront. If your attorney secures a settlement or verdict on your behalf, their fee comes out of the amount you recover. If the case is unsuccessful, you owe nothing in attorney’s fees.

This structure allows anyone — regardless of income — to get high-quality legal representation without the risk of going into debt. At John Michael Bailey Injury Lawyers, we are proud to provide contingency fee agreements in order to help injured victims to obtain justice.

So, What Percentage Do Most Personal Injury Lawyers Take?

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 in Social Security Disability cases which are 25% and in Workman’s Compensation claims which can range from 20% to 25% depending on the state.

Some jurisdictions limit the amount of fee that can be charged in Medical Malpractice cases to 33.3% and apply that standard to most minor’s claims as well. For Truck Accidents or Car Crashes or Slip Trip and Fall cases the vast majority of the firms that focus their practice areas on injury cases, the average percentages are 35% for cases in prelitigation and 40% once a lawsuit is filed.

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 where sliding scale contingency agreements come in. The percentage your attorney takes may depend on when your case is resolved:

• 35% if a lawsuit is settled before trial
• 40% or more if your case goes to trial

This structure reflects the additional work and risk involved at each stage.

Why Contingency Fees Work

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.

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