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What Percentage Do Personal Injury Lawyers Take?

When you’re injured and considering hiring a personal injury attorney, one of your first questions is likely about cost. You might be wondering whether you can even afford legal representation. The answer is simpler than you think: most personal injury lawyers work on what’s called a contingency fee basis. This means you don’t pay anything upfront—your attorney gets paid only if you win your case.

But what does that percentage actually look like? And what exactly gets deducted from your settlement? Understanding how personal injury lawyers charge will help you make an informed decision about representation and know what to expect if your case settles.

The Contingency Fee Model: How It Works

A contingency fee is a percentage of the money you recover. Your attorney takes a cut of your settlement or jury award, but only after your case is resolved. This arrangement aligns your attorney’s interests with yours—they don’t get paid unless you get paid.

In Illinois, the standard contingency fee percentages are:

• 33.3% (one-third) before litigation is filed — This applies if your case is settled during the initial negotiation phase, before your lawyer files a lawsuit.
• 40% (two-fifths) after litigation is filed — If your case goes to court, the percentage increases because your attorney invests significantly more time and resources.

These percentages are standard across Illinois and are guided by the Illinois Rules of Professional Conduct. Your attorney cannot charge you more than these amounts unless you agree to a higher fee in writing—and even then, the fee must still be considered reasonable.

Why the Contingency Fee Model Matters to You

The contingency fee arrangement removes the financial barrier that might otherwise prevent you from getting legal help. Without this model, you’d need to pay your lawyer by the hour, likely upfront or in regular installments. If your case took months to resolve, those bills would accumulate quickly.

With a contingency fee, you can afford representation regardless of your financial situation. Your lawyer is incentivized to work hard on your case because their paycheck depends on winning. They won’t waste time on weak cases or take unnecessary shortcuts—their reputation and income depend on getting you the best possible outcome.

This model also means you’re not at risk if your case doesn’t settle favorably. If you lose, you don’t pay attorney fees. Your lawyer bears the financial risk alongside you.

Costs vs. Fees: What’s the Difference?

This is where many people get confused. Your attorney’s contingency fee (the percentage) is separate from case costs. Understanding this distinction is critical.

Contingency fee: This is your lawyer’s payment for their work on your case. It’s a percentage of what you recover.

Case costs: These are the actual expenses incurred while working on your case. They include filing fees, court costs, medical record requests, expert witness fees, deposition transcripts, investigation expenses, and similar out-of-pocket costs. These are typically deducted from your settlement before your attorney’s fee is calculated.

For example, if you settle your case for $100,000, and case costs totaled $5,000, your settlement would be reduced to $95,000. Your attorney would then take their percentage from the remaining amount. These costs are necessary to build a strong case, and they come out before anyone gets paid.

What Gets Deducted From Your Settlement

When your case settles, several things come out of the settlement proceeds before you receive your check:

1. Case costs — All out-of-pocket expenses incurred during the case
2. Medical liens — If your medical providers agreed to wait for payment until your case settled, they have a right to be paid from the proceeds
3. Outstanding medical bills — Any unpaid treatment related to your injury
4. Subrogation claims — If your health insurance or Medicaid paid for your treatment, they may have a right to recover from your settlement
5. Attorney fees — The contingency percentage (33.3% or 40%, depending on the stage of your case)

Only after all of these deductions does the remaining money go to you. This is why settlement negotiations always discuss the gross amount (before deductions) and the net amount (what you actually receive). Your attorney should explain these deductions clearly so you understand exactly where your money is going.

Illinois Ethics Rules on Attorney Fees

Illinois lawyers are bound by strict professional conduct rules regarding fees. These rules exist to protect you. Under the Illinois Rules of Professional Conduct, a lawyer’s fees must be:

• Reasonable — The percentage and the work performed must be reasonable in relation to the case complexity and recovery
• Communicated in writing — You must have a written agreement explaining exactly how much your attorney will charge
• Not tied to illegal conduct — An attorney cannot take a fee contingent on an outcome that requires breaking the law

If you believe your attorney’s fee is unreasonable, you have the right to question it. Many fee disputes can be resolved through discussion or, if necessary, through the Illinois State Bar’s fee arbitration process.

Evaluating Whether a Lawyer’s Fee Structure Is Fair

The standard contingency percentages in Illinois (33.3% and 40%) are already capped by ethics rules, so you won’t find legitimate attorneys charging significantly more. But fairness isn’t just about the percentage—it’s about whether your attorney is investing appropriate time and resources in your case.

Ask these questions when evaluating whether a fee structure is fair:

• Is the percentage within the standard range for Illinois (33.3% to 40%)?
• Does your attorney have experience with cases similar to yours?
• Will they handle your case personally, or will a junior attorney do most of the work?
• Are case costs being paid by the firm, or are they your responsibility?
• Is there a written fee agreement that clearly explains the percentage and what happens if the case doesn’t settle?

A fair fee structure means your attorney is rewarded for winning, and you’re not paying anything upfront. You should feel confident that your lawyer’s interests align with yours—that they’re motivated to get you the maximum recovery because that’s how they get paid.

What Happens if Your Case Goes to Trial

If your case can’t be settled and goes to trial, the contingency fee increases to 40%. This is because litigation requires significantly more work. Your attorney will spend time on trial preparation, depositions, expert coordination, and courtroom time. The higher percentage reflects this increased investment.

Some cases settle quickly during early negotiations (33.3% fee). Others require filing a lawsuit and substantial pre-trial work before a settlement is reached. The fee percentage is tied to when the case resolves, not just whether litigation is filed.

The Bottom Line on Personal Injury Lawyer Percentages

Personal injury lawyers in Illinois typically charge 33.3% for pre-litigation settlements and 40% for cases that proceed to litigation. These percentages are standard, ethical, and aligned with your interests. You pay nothing upfront, and your attorney’s incentive is to get you the maximum recovery possible.

Understanding the difference between contingency fees and case costs, knowing what gets deducted from your settlement, and asking questions about the fee structure will help you make an informed choice. A good personal injury attorney will be transparent about fees and explain exactly how your settlement proceeds are divided.

Frequently Asked Questions

Can I negotiate my attorney’s contingency fee percentage?

You can discuss fees with your attorney, and many attorneys are willing to work with you, especially on straightforward cases. However, the ethics rules establish a standard range. Your attorney can charge less than the standard percentage if they choose, but not more (without a written agreement for a higher amount, which must still be reasonable).

Who pays for expert witnesses and medical records?

Most personal injury law firms pay for these case costs upfront and deduct them from your settlement. This means you’re not out of pocket for necessary expenses. Some firms may require the client to pay costs, but this is less common in Illinois. Always clarify this in your initial consultation.

What if I reject a settlement offer and my attorney thinks I should accept it?

The decision to accept or reject a settlement is entirely yours. Your attorney must advise you on the strengths and weaknesses of your case and what a settlement is worth, but they cannot force you to accept any offer. If the case goes to trial because you rejected a settlement, the fee percentage increases to 40% if litigation was filed.

Does the percentage apply to all parts of the settlement?

Your attorney’s percentage typically applies to the total recovery (damages awarded for your injuries). However, some settlements include separate components, and fee structures may vary slightly. This is why a written fee agreement is essential—it specifies exactly what the percentage covers.

What if my case is dismissed? Do I still pay the attorney?

No. If your case is dismissed and you don’t recover anything, you don’t pay an attorney’s contingency fee. However, you may still owe case costs if your fee agreement specifies that you’re responsible for costs separate from fees. This is another reason to clarify costs at the beginning.

For a free consultation about your injury case, contact our experienced personal injury lawyers in Peoria today.

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