At Dhanjan Car Accident and Injury Lawyers of Fresno, many clients want clarity on how much lawyers take from settlements in California when pursuing a personal injury claim. Understanding attorney fees is crucial for making informed decisions. Knowing how contingency fees work and what factors affect them can help you protect your rights and maximize the compensation you deserve.

Understanding Contingency Fees In Personal Injury Cases

In California, most personal injury attorneys, including our team, work on a contingency fee basis. This means you don’t pay anything upfront; we only get paid if we win your case. Our success is tied to yours, so you owe us nothing if we don’t recover compensation for you.

A contingency fee agreement outlines the percentage, case-related costs, and payment terms. This arrangement allows injured individuals to access skilled legal representation without financial barriers. It also motivates your attorney to fight for the highest possible recovery.

What Percentage Do Personal Injury Lawyers Take From A Settlement In California?

Typically, personal injury lawyers in Fresno take between 33% and 40% of the settlement amount, but the exact percentage depends on the stage at which your case is resolved. Here’s a closer look:

• 33% – If the case settles before a lawsuit is filed, the fee is usually around one-third of the settlement.
• 33% to 40% – If a lawsuit is filed and the case settles before trial, the percentage often increases due to the additional work involved.
• 40% or more – If the case proceeds to trial or appeal, the fee can be 40% or higher because litigation requires substantial time, resources, and preparation.

These percentages are standard across California and are taken as a share of the settlement amount, not billed hourly. Every contingency fee agreement must be in writing as required by California law.

Factors Influencing The Percentage

The final percentage you agree on may vary based on:

• Case complexity – More complicated cases generally require more time and resources.
• Stage of resolution – Pre-litigation settlements cost less in legal work than trial or appeal.
• Resources invested – Expert witnesses, depositions, and evidence gathering all increase the workload.

It’s always wise to review the contingency fee agreement in detail and ask questions before signing. In some cases, you may even negotiate the fee, particularly if your case is straightforward or likely to settle quickly.

What Are The Fees For A Personal Injury Case Cover?

Attorney fees are more than just compensation for your lawyer. They cover:

• Case investigation and evidence collection (police reports, medical records, witness statements).
• Negotiations with insurance companies.
• Legal filings, motions, and court appearances.
• Expert analysis and testimony to strengthen your case.

By handling these critical steps, your attorney increases your chances of securing the full compensation you deserve. Without legal representation, insurance companies often attempt to minimize or deny claims.

Are There Laws Or Limits On What Lawyers Can Charge In California?

Yes. Under California Business and Professions Code Section 6147 (BPC §6147), all contingency fee agreements must be in writing and explain the percentage charged, how costs will be handled, and the client’s rights. According to the State Bar of California, clients should always review this agreement and ask questions before signing.

While there’s no strict statewide cap on personal injury lawyer fees, medical malpractice cases are different. They follow MICRA (Medical Injury Compensation Reform Act) limits:

• 40% of the first $250,000 recovered.
• 30% of the next $250,000.
• 20% of amounts over $500,000.

California has recently revised its system for awarding damages in medical malpractice cases, bringing it in line with modern standards.

What Additional Costs Might Be Deducted From a Settlement?

Besides the attorney’s percentage, other costs may come out of your settlement, such as:

• Court filing fees
• Expert witness costs
• Medical record retrieval
• Deposition and transcript expenses.

These costs are usually advanced by the law firm and reimbursed once the case is resolved. Your fee agreement should clearly state whether these expenses are deducted before or after calculating the attorney’s percentage.

Contact a Fresno Personal Injury Lawyer to Maximize Your Final Payout

Knowing how attorney fees work is just one piece of the puzzle. Your main goal should be keeping as much of your settlement as possible. At Dhanjan Car Accident and Injury Lawyers of Fresno, a Fresno personal injury lawyer is committed to transparency, fairness, and maximizing your recovery. We’ll explain every detail of your agreement so you feel confident from day one. Call us today at (559) 342-2000 for a free consultation and discover what your case could be worth.