If you have been injured in a car accident, you are probably familiar with the phrase "no fee if no recovery." Most personal injury attorneys have a “no fee if no recovery” policy. This means that your costs will be a percentage of the damage award or settlement. Each attorney is different, so their fees will vary.

Typically the percentage a personal injury attorney will charge will range somewhere between 25% to 40%. This will also depend on how your case is resolved. If your case is settled before trial, then the percentage will be less than if your case is taken to trial. For example:

Case is settled → Attorney fees are 25%

Case is filed → Attorney fees are 30%

Case is taken to trial → Attorney fees are 33%

The attorney fees may not be the only amounts taken from your settlement or damage award. You will also be responsible for other charges.

  • Out of Pocket Expenses
    Out of pocket expenses are expenses accrued by your attorney while they work on your case. These expenses include requesting medical documents, hiring expert witnesses, enlargements for trial, and travel expenses.
  • Unpaid Medical Bills
    If your doctor has agreed to wait until after the case to be paid, outstanding medical bills will also be taken from your settlement or damage award.
  • Subrogation
    In some instances, you may have to repay your health insurance from your settlement. This depends on your health insurance company, but it is entirely possible for your health insurance company to seek repayment for your medical bills.How much are attorney fees in a personal injury case?

Your next question might be, “When does the attorney take their fees? Is it before or after deductions?” Most attorneys will take their fees before deductions. You should ask this question during your initial meeting with an attorney.

If your case is not successful, you may still be responsible for out of pocket costs. The attorney will discuss this during your initial meeting.

If you have been in a car accident, download a FREE copy of our Accident Book to learn more. You can visit BenGlassLaw for more articles and videos. To speak to a legal professional, call (703)584-7277.

Ben Glass
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Ben Glass is a nationally recognized car accident and ERISA disability attorney in Fairfax, VA.