Quick answer
Most California personal injury lawyers work on contingency: no fee up front, and a percentage of the recovery if there is one. Business and Professions Code section 6147 requires the agreement to be in writing, signed by both sides, and to state the rate and how costs affect your recovery. The percentage is negotiable, except in medical malpractice cases, where section 6146 caps fees at 25 percent before a lawsuit is filed and 33 percent after.
Most personal injury lawyers in California work on a contingency fee: you pay nothing up front, and the lawyer is paid a percentage of what is recovered for you. If there is no recovery, there is usually no attorney fee. How much does a personal injury lawyer cost in California, then? It depends on the percentage in your written agreement and on how case costs are handled, which is why you should read both before you sign.
We are B&D Law Group, APLC, a California personal injury firm. This guide explains how contingency fees work, what California law requires the agreement to say, and the questions worth asking before you hire anyone.
How a Contingency Fee Works
A contingency fee is a percentage of the money recovered through a settlement or a verdict. The percentage is set in your agreement with the lawyer, and it is negotiable. Some agreements use one rate for the whole case, while others use a lower rate if the case settles early and a higher rate if it goes into litigation or trial, because that stage takes far more work.
Case costs are a separate item from the fee. Costs are the out-of-pocket expenses of the case, such as filing fees, medical records, deposition transcripts and expert witnesses. Your agreement should say who advances those costs and whether they come out of the recovery before or after the percentage is calculated. That one detail can change what you take home.
What California Requires in a Contingency Fee Agreement
Business and Professions Code section 6147 requires a contingency fee agreement to be in writing, and the lawyer must give you a copy signed by both of you when it is made. The agreement has to state the fee rate you agreed to, how costs and disbursements affect the fee and your recovery, whether you could owe the lawyer anything for related matters, and, for most cases, that the fee is not set by law and is negotiable.
If an agreement does not meet those requirements, section 6147 makes it voidable at your option, and the lawyer is then limited to a reasonable fee. That rule exists to protect clients, so ask for your signed copy and keep it.
Medical Malpractice Cases Have a Legal Cap
One area has a fee limit written into law. Under Business and Professions Code section 6146, in a medical malpractice case against a health care provider, the lawyer’s fee may not exceed 25 percent of the recovery if the case settles before a lawsuit or arbitration demand is filed, and 33 percent if it resolves after that point. Other personal injury cases, such as car, truck and dog bite claims, have no fixed statutory percentage.
Questions to Ask Before You Sign
Ask what the percentage is and whether it changes if a lawsuit is filed or the case goes to trial. Ask who pays costs if the case is lost, and whether costs come off the top before the fee is calculated. Ask who will actually handle your case day to day, and how you will be kept updated. A good lawyer will answer all of this in writing before you commit to anything.
Whether you need a lawyer at all depends on the case. We walk through that decision in our guide on do you need a lawyer after a car accident.
Frequently Asked Questions
How much does a personal injury lawyer cost in California?
Most work on a contingency fee, a percentage of the recovery set in a written agreement, with no fee if there is no recovery. The percentage is negotiable in most cases, and case costs are handled separately under the agreement.
Does a contingency fee agreement have to be in writing?
Yes. Business and Professions Code section 6147 requires a written agreement, signed by both the lawyer and the client, stating the fee rate and how costs affect the fee and the recovery.
Is there a legal limit on personal injury lawyer fees in California?
Only in medical malpractice cases, where section 6146 caps fees at 25 percent before a lawsuit is filed and 33 percent after. Other personal injury cases have no fixed statutory percentage.
What happens to case costs if I lose?
It depends on your agreement. Some firms advance costs and do not seek repayment if there is no recovery; others do. Ask and get the answer in writing before you sign.
Talk to a California Injury Lawyer
If you have questions about fees, we explain ours in writing before you sign anything. We handle these claims through our car accident attorneys and insurance claim attorneys practices. Call (888) 977-2238 or use our contact page.
Attorney advertising. This article is provided for general informational purposes only and does not constitute legal advice. Reading this article or contacting us does not create an attorney-client relationship. Every case is different and past results do not guarantee a similar outcome. If you have been injured, speak with a licensed attorney about your specific situation.