What Percentage Do Personal Injury Lawyers Take?

Last Updated: October 24, 2026

Parker & Parker takes one-third of the full recovery before case costs. MedPay benefits are excluded from the fee calculation. The firm advances the case costs, and they are repaid from the recovery in addition to the fee. If there is no recovery, there is no fee and there are no costs.

What Does the Lawyer Take, and What Do You Keep?

“What does the lawyer take, and will I end up with more than if I settle on my own?” The first half has a short answer. At Parker & Parker the fee is one-third of what is recovered, and you pay nothing up front. The arrangement is called a contingency fee: the fee is a share of the recovery, and it is owed only if there is a recovery. The second half is a comparison you can make before you sign anything. This article covers what comes out of a settlement, and the longer guide linked below works the comparison through.

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 longer guide to how personal injury lawyer fees work in Illinois works through what you keep after fees, costs, and liens, and compares hiring a lawyer with settling on your own.

Need a lawyer?
This article is part of our Peoria Personal Injury Lawyer practice area.
Call Parker & Parker at 309-673-0069 for a free consultation.

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.

At Parker & Parker, the contingency fee is one-third of the recovery. The fee is the same whether your case settles during the initial negotiation phase or after a lawsuit is filed.

Illinois sets no standard percentage for an ordinary injury case. The Illinois Rules of Professional Conduct require every fee to be reasonable (Rule 1.5(a)). A contingent fee must also be set out in a writing you sign. That writing states the percentage for a settlement, a trial, and an appeal; the expenses that will be deducted; and whether those expenses come out before or after the fee is figured (Rule 1.5(c)). The percentage in that writing is the one that applies to your case. In a medical-malpractice action, 735 ILCS 5/2-1114(a) says the total contingent fee shall not exceed 33 1/3 percent of all sums recovered. For a lump-sum contingent fee, subsection (b) reduces future damages payable in periodic installments to a lump-sum value.

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 hire a lawyer without money set aside for legal fees. The lawyer is paid from the result, so the lawyer’s interest in the outcome runs with yours.

If the case is lost, you owe no attorney fee, and at Parker & Parker you owe no case costs either: the firm advances the costs and absorbs them when there is no recovery. The lawyer’s time and the advanced costs are the lawyer’s risk. Whatever firm you hire, Rule 1.5(c) requires the signed agreement to state the expenses you are responsible for whether or not the case succeeds.

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. Parker & Parker advances these costs; when money is recovered they are repaid from the recovery in addition to the fee. Whether costs come out before or after the fee is figured is a term Rule 1.5(c) requires every signed agreement to state. The two methods produce different numbers, as the next paragraph shows.

Take a $100,000 settlement with $5,000 in costs and a one-third fee, numbers invented for this article. If the costs come out first, the fee is one-third of $95,000, or $31,667, and $63,333 remains before any medical bills or liens. If the fee is figured on the full $100,000, the fee is $33,333 and $61,667 remains. Parker & Parker uses the second method: the fee is one-third of the full recovery before case costs, MedPay benefits are excluded, and the advanced costs are repaid in addition to the fee. Whatever firm you hire, the agreement you sign says which method applies; find that line before you sign.

What Gets Deducted From Your Settlement

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

Case costs, All out-of-pocket expenses incurred during the case
Medical liens, A hospital or doctor who treated you on a lien (a claim on the settlement in place of payment now) may have a right to be repaid from the proceeds
Outstanding medical bills, Any unpaid treatment related to your injury
Subrogation claims, If your health insurance or Medicaid paid for your treatment, they may have a right to recover from your settlement
Attorney fees, The contingency percentage (one-third at Parker & Parker)

Only after these deductions does the remaining money go to you, which is why the gross amount (before deductions) and the net amount (what you receive) are two different numbers. When the case ends, Rule 1.5(c) requires your lawyer to give you a written closing statement.

Illinois Ethics Rules on Attorney Fees

Illinois lawyers are bound by the Illinois Rules of Professional Conduct on fees. Under those rules, a lawyer’s fee 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

If you believe a fee is unreasonable, ask the lawyer to show how it was figured; the signed agreement and the written closing statement are the two documents to compare. Rule 1.5(a) requires every fee to be reasonable.

Evaluating Whether a Lawyer’s Fee Structure Is Fair

Every fee in Illinois has to be reasonable under Rule 1.5(a), and the percentage is one part of what makes an arrangement fair. The other part is the work: whether the attorney you met is the one who handles the case, and whether the case gets the time, the records, and the experts it needs.

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

Is the percentage one third, the rate Parker & Parker charges?
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 pays the attorney from the result and asks nothing of you up front, so the attorney’s interest runs with yours.

What Happens if Your Case Goes to Trial

Litigation requires significantly more work. Your attorney will spend time on trial preparation, depositions, expert coordination, and courtroom time. Some firms raise their fee at that stage. Parker & Parker charges one-third whether your case settles during early negotiations or proceeds through litigation.

The Bottom Line on Personal Injury Lawyer Percentages

Parker & Parker charges one-third of the recovery, whether the case settles before suit or proceeds through litigation. You pay nothing up front, and the firm advances the case costs: if there is a recovery they are repaid in addition to the fee, and if there is none you owe no fee and no costs. The attorney is paid from the result, so the attorney’s interest runs with yours.

Knowing the difference between the fee and the costs, what comes out of a settlement, and the questions above puts you in a position to choose. The next step is a conversation: call the office at 309-673-0069 to set up a free consultation with Robert Parker, ask him the questions on this page, and read the fee agreement before you sign it. You do not need a claim number or paperwork to call, and a family member may call for someone who is hurt.

Injured? Get the Help You Deserve.

The attorneys at Parker & Parker offer free, no-obligation consultations. Call 309-673-0069 or schedule online to discuss your case today.

Frequently Asked Questions

Can I negotiate my attorney’s contingency fee percentage?

The percentage is a term of the agreement between you and the lawyer, so ask about it before you sign. Illinois sets no standard range; the rule is that the fee must be reasonable and must be stated in the signed writing, along with how costs are handled. Parker & Parker charges one third whether your case settles during early negotiations or proceeds through litigation.

Who pays for expert witnesses and medical records?

Illinois lets a lawyer advance case costs such as expert fees and record charges and make repayment depend on the outcome (Rule 1.8(e) of the Illinois Rules of Professional Conduct). Parker & Parker advances them; when money is recovered they are repaid from the recovery in addition to the one-third fee, and when there is no recovery you owe nothing for them. Whatever firm you hire, Rule 1.5(c) requires the signed agreement to state the expenses that will be deducted and any you owe whether or not the case succeeds. Ask to see those lines at the 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 explains the strengths and weaknesses of your case and what a settlement is worth; the decision to accept or reject an offer is yours. At Parker & Parker, the fee remains one-third even if the case goes to trial.

Does the percentage apply to all parts of the settlement?

The signed fee agreement says what the percentage is figured on. At Parker & Parker it is one-third of the full recovery before case costs, MedPay benefits are excluded, and the advanced costs are repaid in addition to the fee. If a settlement has separate components, ask how the agreement treats each one before you sign.

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

No. If your case is dismissed and nothing is recovered, you owe no contingency fee. At Parker & Parker you owe no case costs either; the firm advances them and absorbs them when there is no recovery. Whatever firm you hire, Rule 1.5(c) requires the signed agreement to state any expenses you owe whether or not the case succeeds, so read that line before you sign.

For a free consultation about your injury case, call the office at 309-673-0069 or start with the Peoria personal injury practice page.

Related local guides: Peoria personal injury lawyer guide, and documented case results.