Percentage and stage
A fee may change if litigation, trial, or appeal becomes necessary. Compare the actual written schedule rather than assuming every advertised contingency arrangement is identical.
Costs are separate
Filing fees, experts, depositions, records, investigators, travel, and demonstrative evidence can materially affect net recovery. Ask whether costs are advanced and whether they are deducted before or after the attorney percentage.
Liens and reimbursement
Hospitals, health plans, government programs, and others may assert liens or reimbursement rights depending on the facts. California Civil Code §3045.1 describes qualifying hospital liens; other systems have separate rules requiring individual review.
Use a net-recovery illustration
Ask the lawyer to illustrate a hypothetical gross recovery, fee, costs, and liens. The example should explain arithmetic, not predict the value of your claim.
Read the entire written agreement
The agreement should identify the client and lawyer, services covered, fee method, cost responsibilities, and the effect of discharge or substitution. Ask about any separate charges for appeals, lien negotiation, probate work, or related proceedings before signing.
Compare the net, not only the percentage
A lower percentage is not automatically the lowest total cost, and a higher percentage does not prove better representation. Compare staffing, necessary expenses, when costs are deducted, who bears them without a recovery, and how reimbursement claims will be addressed.
Frequently asked questions
What percentage do personal injury lawyers charge in California?
California does not impose one universal contingency percentage for ordinary personal injury matters. Terms vary by firm, case, stage, and agreement, so request the complete written schedule and ask whether the percentage changes after filing, trial, or appeal.
Are case costs included in the contingency fee?
Often they are separate, but the agreement controls. Ask which expenses may be advanced, whether they are deducted before or after the fee is calculated, whether approval is required above a threshold, and who is responsible if no money is recovered.
Can medical liens reduce a settlement?
Yes. Hospital liens, health-plan reimbursement, government-program claims, treatment balances, and other obligations may affect the net amount. Which claims are valid and negotiable depends on the facts, plan, statutes, and documents.
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