How Much Do Personal Injury Lawyers Make Per Case?

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Author: John Mattiacci | Owner Mattiacci Law
Published April 6, 2025

How Much Do Personal Injury Lawyers Make Per Case

Wondering how much personal injury lawyers actually make on a case? You’re not alone. Most people assume lawyers charge by the hour, rake in massive fees, and drive off in fancy cars. 

But for personal injury lawyers, it works a little differently. In fact, a lot differently.

Most of them don’t get paid unless they win your case!

They work on something called a contingency fee. That just means they get a cut of the settlement or jury award when the case wraps up.

In this quick post, we’ll shed some light on how much personal injury lawyers make per case.

How Much Do Personal Injury Lawyers Make Per Case?

Most personal injury lawyers take around 33% to 40% of the total settlement or award.

If a case settles quickly, the fee might be on the lower end—around 33%. If it goes all the way to trial (which can take months or even years), that percentage can go up.

So the actual amount they make per case depends on the settlement amount.

For example, imagine you’re involved in a car accident and your lawyer helps you win a $100,000 settlement. If they work for a 33% contingency fee, they will earn $33,000.

Also Read: Is It Worth Hiring a Personal Injury Attorney?

Real-Life Examples Of Earnings Per Case

To make this super easy to visualize, here are a few more real life examples:

  • Case settles for $30,000 – Lawyer’s cut (33%): $9,900
  • Case settles for $100,000 – Lawyer’s cut (33%): $33,000
  • Case goes to trial and wins $300,000 – Lawyer’s cut (40%): $120,000

These numbers don’t include costs yet, but we’ll get to that. You can already see how the size of the case and how it’s resolved make a big difference in what the lawyer earns.

Personal Injury Lawyers Make How Much Per Case

What Affects How Much A Lawyer Makes On A Case

Not every case is the same, and not every lawyer walks away with the same payday. Here are some of the factors that affect how much a lawyer stands to earn from any given case:

#1 Size Of The Case

This one’s pretty obvious. Bigger injuries usually mean bigger settlements or verdicts. 

If someone has permanent injuries or long-term medical bills, the case is worth more—and that means the lawyer’s percentage is worth more too. 

On the other hand, smaller injuries mean smaller payouts. 

So a lawyer might earn a few thousand on a small case, or hundreds of thousands on a big one.

Also Read: How Much Are Personal Injury Settlements?

#2 Complexity And Time Involved

Complex cases take more time and effort. A straightforward slip-and-fall case might be resolved quickly and with less work, which means less money for the lawyer. 

But a case involving a truck accident with serious injuries, medical records, expert witnesses, and more could take months or even years to wrap up. 

Lawyers earn more from these complicated cases because they require far more time, research, and resources.

#3 If It Settles Quickly Or Drags Into Trial

Most cases settle before they ever get to a courtroom. That’s usually faster and cheaper for everyone involved. 

If it settles early, the lawyer might only take 33%. But if it goes to court, involves depositions, motions, and maybe even appeals, that percentage jumps. 

A trial is a big risk for a lawyer—so the potential reward is bigger too.

#4 Location And Market Rate

Where the case takes place matters, too. 

In big cities, where there’s a higher cost of living and more demand for legal services, lawyers often charge more. The market rate in New York or Los Angeles, for example, will likely be higher than in a small town. 

Location can impact both the settlement amounts and how much lawyers charge.

Also Read: How Much Does an Attorney Charge for a Car Accident Claim

#5 Experience And Skills Of The Lawyer

A lawyer’s experience also affects how much they can earn per case. 

A rookie lawyer might charge a lower fee and have a smaller caseload, while a seasoned pro with a successful track record can command higher fees. 

Experienced lawyers also tend to settle more cases in their favor, leading to bigger settlements, which in turn means bigger paydays for them. 

Their reputation alone can sometimes get the other side to offer more, just to avoid a battle.

What Affects How Much A Lawyer Makes On A Case

Costs And Expenses For Lawyers On Each Case

Now, don’t assume that all of the money the lawyer makes goes straight into their pocket. There are plenty of costs and expenses involved in running a case that they need to cover. 

These can include:

  • Court filing fees
  • Fees for medical records and expert witnesses
  • Costs for accident reconstruction
  • Travel expenses for out-of-town investigations

These costs can add up fast. 

Most lawyers front these expenses and deduct them from your final settlement, but the more expenses there are, the lower the lawyer’s take-home amount will be.

Most lawyers are upfront about these costs, and they usually go over it all in the contract before the case starts. But it’s still good to know that the lawyer isn’t pocketing the entire fee and then some. A big amount can go toward just running the case.

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Do Personal Injury Lawyers Ever Lose Money?

It might seem like personal injury lawyers are always making bank, but it’s not always the case. 

If a lawyer takes on a case and loses, they don’t get paid at all. And that can hurt, especially if they’ve already spent months working on it. 

On top of that, they could still be out the costs they fronted for things like expert witnesses, filing fees, or other expenses.

So yes, personal injury lawyers do sometimes lose money, especially if they take on a case they’re not able to win. But this is part of the risk they take when working on contingency. 

The upside is, if they win, they can earn big. The downside is that some cases just don’t work out.

That also means if a lawyer does take your case, they probably believe it has a solid shot at winning. Their paycheck depends on it.

Bottom Line

Personal injury lawyers make around 33% – 40% of the total case settlement.

Some cases might earn a lawyer a few thousand bucks. Others could bring in six figures or more. It all comes down to the size of the case, how long it takes, and how it ends.

At the end of the day, most of these lawyers are taking a real risk when they agree to represent someone. They put in the hours, cover the costs, and cross their fingers that it all works out. 

If it does? Great—everyone wins. If not? Well, they don’t get paid.

But for people who can’t afford to pay a lawyer upfront, the contingency fee model opens the door to justice.

FAQs

Do Personal Injury Attorneys Charge Hourly Rates?

There are some personal injury attorneys that charge by the hour, but the vast majority work on a contingency fee, which means they only get paid if they win or settle your case. 

You don’t pay anything upfront, and their payment comes out of the final settlement.

Can I Negotiate The Lawyer’s Fee?

Yes, you can. Some lawyers are open to negotiating their fee, especially on straightforward cases or larger claims. Just bring it up during your consultation. 

It never hurts to ask, and a good lawyer will be upfront about what’s flexible and what’s not.

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