no upfront payment Most PI attorneys work on contingency: you pay nothing unless they recover money for you. The fee is a percentage of your settlement or verdict. In 2026, typical ranges are 33%–40% depending on case stage and complexity [citation:1][citation:3][citation:6].
📌 Percentages may be calculated on gross recovery or after deducting case expenses — always read the fine print [citation:9].
Even with a contingency fee, you typically reimburse case costs — the out‑of‑pocket expenses to build your case. Many firms advance these and deduct them from your final recovery [citation:6][citation:9].
🔔 Important: Confirm whether costs are deducted before or after the contingency percentage — this affects your net amount significantly [citation:9].
Court filing fees for tort/personal injury cases vary locally. Below are actual 2026 examples:
| Jurisdiction | Filing fee (personal injury / tort) | Notes |
|---|---|---|
| Blount County, TN (Chancery/Circuit) | $345.00 | Category 1 lawsuit [citation:2] |
| White County, AR (Circuit Civil) | $311.50 – $363.50 | with/without service [citation:5] |
| Shelby County, TN (Circuit) | $291.50 (with surety) / $64.50 w/surety | includes state/county taxes [citation:10] |
| California (Superior Court) | $435 – $450 (estimated) | complex case fee may apply |
| Texas (District Court) | $300 – $400 | varies by county |
| Florida (Circuit Civil) | $401 (plus surcharges) | 2026 fee schedule |
Most PI cases are filed in Circuit/District Court. Fees generally due at filing; some jurisdictions allow indigent waivers [citation:2][citation:5].
While percentages are similar nationwide (25‑40%), some states have statutory caps or customary variations. The table below reflects common ranges for auto/personal injury cases.
| State | Typical contingency (settlement) | Typical if trial | Notes |
|---|---|---|---|
| Alabama | 33⅓% – 40% | 40%+ | no statutory cap |
| Alaska | 33% – 40% | 40% | must be written |
| Arizona | 33% – 40% | 40% | |
| Arkansas | 33⅓% – 40% | 40% | |
| California | 33% – 40% | 40% | written agreement required [citation:9] |
| Colorado | 33⅓% – 40% | 40% | |
| Connecticut | 33⅓% – 40% | 40% | |
| Delaware | 33% – 40% | 40% | high cost area |
| Florida | 33⅓% – 40% | 40% | medical malpractice caps apply [citation:8] |
| Georgia | 33⅓% – 40% | 40% | must be in writing [citation:6] |
| Hawaii | 33% – 40% | 40% | |
| Idaho | 33% – 40% | 40% | |
| Illinois | 33⅓% – 40% | 40% | Chicago premiums [citation:1] |
| Indiana | 33% – 40% | 40% | tort reform caps on damages |
| Iowa | 33% – 40% | 40% | |
| Kansas | 33⅓% – 40% | 40% | |
| Kentucky | 33% – 40% | 40% | |
| Louisiana | 33⅓% – 40% | 40% | state bar rules |
| Maine | 33% – 40% | 40% | |
| Maryland | 33% – 40% | 40% | |
| Massachusetts | 33⅓% – 40% | 40% | Boston higher |
| Michigan | 33% – 40% | 40% | auto no-fault specifics |
| Minnesota | 33% – 40% | 40% | |
| Mississippi | 33⅓% – 40% | 40% | |
| Missouri | 33% – 40% | 40% | |
| Montana | 33% – 40% | 40% | |
| Nebraska | 33% – 40% | 40% | |
| Nevada | 33% – 40% | 40% | Las Vegas market |
| New Hampshire | 33% – 40% | 40% | |
| New Jersey | 33% – 40% | 40% | court rules on fee |
| New Mexico | 33% – 40% | 40% | |
| New York | 33⅓% – 40% | 40% | NYC premiums [citation:1] |
| North Carolina | 33% – 40% | 40% | |
| North Dakota | 33% – 40% | 40% | |
| Ohio | 33% – 40% | 40% | |
| Oklahoma | 33% – 40% | 40% | |
| Oregon | 33% – 40% | 40% | |
| Pennsylvania | 33% – 40% | 40% | Philly/Pittsburgh |
| Rhode Island | 33% – 40% | 40% | |
| South Carolina | 33% – 40% | 40% | |
| South Dakota | 33% – 40% | 40% | |
| Tennessee | 33% – 40% | 40% | filing fees ~$345 [citation:2] |
| Texas | 33% – 40% | 40% | DFW/Houston ranges |
| Utah | 33% – 40% | 40% | |
| Vermont | 33% – 40% | 40% | |
| Virginia | 33% – 40% | 40% | |
| Washington | 33% – 40% | 40% | Seattle area |
| West Virginia | 33% – 40% | 40% | |
| Wisconsin | 33% – 40% | 40% | |
| Wyoming | 33% – 40% | 40% | |
| District of Columbia | 33% – 40% | 40% | high rates |
Percentages are typical; individual firms may vary. Some states regulate contingency fees for medical malpractice or public entities.
33%–40% contingency California law requires written fee agreements [citation:9]. Many firms (like Kash Legal) advance all case costs — no upfront payment. Typical ranges: 33% pre-suit, 40% if trial [citation:9].
Filing fees: approx $435–$450 for Superior Court (unlimited civil). Case expenses: expert witnesses $200–$1,000+/hour, medical records $50–$500.
Los Angeles and San Francisco may command higher percentages due to cost of living.
Houston, Dallas, Austin rates on higher end. Texas bars do not cap PI contingency, but must be reasonable.
Florida PI lawyers typically charge 33⅓% – 40%. For motor vehicle PIP disputes, SB 926 (2026) clarifies that prevailing health care providers may recover attorney fees [citation:7][citation:8].
Chicago injury lawyers work on contingency (33%–40%). No hourly billing for plaintiffs. Firms like Strom Yen offer free consultations and advance costs [citation:1]. Filing fees in Cook County: approx $387 (Law Division).
NY courts regulate contingency fees in medical malpractice (sliding scale), but general PI is typically 33⅓% – 40%. NYC filing fees range $210–$335. Complex litigation may require higher cost deposits.
Net recovery example: $100,000 settlement
Assumptions: 33% contingency, $6,000 case expenses. How deduction order affects your net:
Difference of nearly $2,000 — always ask your attorney [citation:9].
No — most PI lawyers work on contingency, meaning no upfront fee. Some may ask you to cover small costs like police reports, but many firms advance everything [citation:1][citation:6].
Typically 33% to 40% of the recovery. The exact percentage may depend on when the case settles (pre-suit, after filing, at trial) [citation:3][citation:9].
Usually you owe nothing for attorney fees, but you may be responsible for case expenses (filing fees, expert costs) if the contract says so. Many firms waive costs if they lose [citation:6].
Expenses include medical records ($50–$500), police reports ($15–$30), expert witnesses ($200–$1,000+/hour), deposition costs ($500+), and filing fees ($150–$400) [citation:2][citation:4][citation:10].
It depends on your fee agreement. Some firms calculate fee on gross settlement, some on net after expenses. This significantly affects your final amount — ask for a written example [citation:9].
Some states cap fees in medical malpractice (e.g., Florida, California, New York) or for claims against government entities. General personal injury usually has no statutory cap, but fees must be reasonable [citation:8].
Hourly rates if you pay out-of-pocket (rare in PI, but for reference)
Chicago: $300–$500/hr Los Angeles: $350–$700/hr Atlanta: $250–$400/hr NYC: $400–$800/hr
Most injury victims never pay hourly — contingency protects you [citation:1][citation:4].
Information compiled from state bar rules, published fee schedules (Blount County, White County, Shelby County), 2026 legal trend reports, and law firm websites [citation:1][citation:2][citation:3]. Contingency percentages are typical ranges; actual fees may vary. Always review your written fee agreement and ask about cost deduction order.
📌 Note: Filing fees are subject to change; confirm with local court before filing.