What Percentage Do Lawyers Take for Personal Injury in Pennsylvania?

Last updated: October 8, 2026. Reviewed for accuracy against the Pennsylvania Rules of Professional Conduct, New Jersey Court Rule 1:21-7, and current fee data.

Personal injury lawyers in Pennsylvania usually charge a contingency fee of 33⅓% (one-third) of the recovery. Many fee agreements increase the fee to around 40% if the case goes into litigation or to trial. You pay no attorney’s fee if you don’t win, and case costs are typically repaid from the settlement.

Pennsylvania does not set a fixed percentage for personal injury cases. Instead, the Rules of Professional Conduct require a written contingency fee agreement and forbid “clearly excessive” fees. Some case types, such as workers’ compensation claims and cases involving minors, follow special rules. Below, we explain exactly how the fee works, what else comes out of a settlement, and how to read your fee agreement.

What Percentage Do Lawyers Take for Personal Injury Cases in Pennsylvania?

The most common contingency fee in Pennsylvania personal injury cases is one-third, or 33⅓%, of the gross recovery. However, the exact number depends on your agreement. Many agreements use a tiered structure, where the percentage is lower if the case settles before a lawsuit is filed and higher if the case is litigated or tried. Complex claims, such as medical malpractice or product liability, often carry fees near 40% because they require more expert testimony and more time.

There is no statute capping contingency fees in ordinary Pennsylvania injury cases. Instead, Pennsylvania Rule of Professional Conduct 1.5 prohibits lawyers from charging an illegal or clearly excessive fee and requires every contingency fee agreement to be in writing.

Pennsylvania Fee Rules at a Glance

Case Type	Typical or Maximum Fee	Governing Rule
Car accidents, slip and falls, and most injury cases	Commonly 33⅓%; often around 40% in litigation (no statutory cap)	Pa. R.P.C. 1.5
Medical malpractice and complex product cases	Often around 40% (no statutory cap)	Pa. R.P.C. 1.5
Workers’ compensation	Capped at 20% of the award	77 P.S. § 998
Claims for minors	Fees must be approved by the court	Pa.R.C.P. 2039

For workers’ compensation claims, 77 P.S. § 998 limits attorney fees to 20% of the amount awarded, including compromise and release settlements, and a workers’ compensation judge must approve them. For injured children, Pa.R.C.P. 2039 requires court approval of any settlement, and the court may approve, reject, or set the attorney’s fees and expenses paid from the minor’s recovery.

 

How Do Personal Injury Lawyers Get Paid?

Personal injury lawyers are usually paid through a contingency fee. In other words, the lawyer’s fee is a percentage of whatever money they recover for you through a settlement or verdict. If there is no recovery, you owe no attorney’s fee. This arrangement lets injured people hire experienced counsel without paying anything up front.

Contingency fees also align your lawyer’s interests with yours, since a larger recovery means a larger fee. Before any work begins, you should receive and sign a written fee agreement that states the percentage, lists the expenses that will be deducted, and explains whether those expenses come out before or after the fee is calculated.

What Are Personal Injury Lawyer Fees?

• A percentage of your recovery, most commonly 33⅓% in Pennsylvania.
• Higher tiers, often around 40%, if a lawsuit is filed or the case goes to trial.
• Case costs, such as filing fees and expert fees, which are separate from the attorney’s fee.
• Free initial consultations at most personal injury firms.

Example: How a Pennsylvania Settlement Is Divided

To see how the numbers work, consider a $30,000 settlement with $1,200 in case costs, $3,000 in medical liens, and a 33⅓% fee. The figures are for illustration only, and your result depends on your own agreement and liens.

Line Item	Fee Calculated on Gross Recovery	Fee Calculated After Costs
Settlement	$30,000	$30,000
Case costs	−$1,200	−$1,200
Attorney’s fee (33⅓%)	−$10,000 (on $30,000)	−$9,600 (on $28,800)
Medical liens	−$3,000	−$3,000
Net to you	$15,800	$16,200

As the table shows, whether costs are deducted before or after the fee changes your take-home amount. That is why Pennsylvania requires your agreement to spell it out.

Typical Contingency Fee Percentages in Pennsylvania

In Pennsylvania, the standard contingency fee range is roughly 33⅓% to 40%. Most straightforward cases, such as car accident claims that settle with an insurer, fall at or near one-third. When a case requires filing suit, taking depositions, hiring experts, or going to trial, the agreed percentage often increases.

Because there is no fixed statutory rate, fee percentages are a matter of agreement between you and your lawyer, as long as the fee is not clearly excessive. That also means you can ask questions and compare terms before you sign. For car crash cases specifically, see our guide on how much car accident lawyers charge.

Factors Influencing Contingency Fees

Several factors affect the percentage a lawyer charges. Rule 1.5 itself lists considerations such as the time and skill required, the novelty of the legal issues, the lawyer’s experience, and whether the fee is fixed or contingent.

Factor	Explanation	Potential Impact
Case complexity	Claims needing multiple experts or extensive investigation require more resources	May support a higher percentage
Stage of resolution	Settling before suit takes less work than litigation or trial	Tiered agreements charge more as the case advances
Lawyer’s experience	Trial experience and track record add value in negotiations	Experienced firms may hold firm at standard rates
Case length and risk	The firm advances costs and waits, often for years, to be paid	Higher risk can justify a higher percentage
Case type	Workers’ compensation and minors’ claims follow special rules	Fees may be capped or require court approval

What Does the Contingency Fee Cover?

The contingency fee pays for the lawyer’s professional work on your case. That generally includes investigating the incident, gathering evidence, communicating with insurers, negotiating a settlement, drafting court filings, taking depositions, and representing you at trial.

Case costs are different. These are out-of-pocket expenses, such as filing fees and expert charges, that the firm usually advances and then recovers from the settlement. If the case is lost, whether you owe those costs depends on your agreement. Many firms absorb them, but you should confirm this in writing before you sign.

Additional Costs and Expenses

Beyond the attorney’s fee, a few other categories commonly come out of a personal injury recovery. Your fee agreement must identify the litigation and other expenses that will be deducted.

Cost Type	What It Covers	How It Is Usually Handled
Court and filing fees	Filing the complaint, service, and other court charges	Advanced by the firm, repaid from the recovery
Expert witness fees	Medical, engineering, reconstruction, and economic experts	Advanced by the firm, repaid from the recovery
Medical records and reports	Obtaining records and narrative reports from providers	Advanced by the firm, repaid from the recovery
Deposition costs	Court reporters and transcripts	Advanced by the firm, repaid from the recovery
Medical liens	Reimbursement owed to health insurers, Medicare, or Medicaid	Paid from the settlement; your lawyer may negotiate them down

Costs tend to rise when a case is litigated, because experts and depositions become necessary. Liens are often the most overlooked deduction. Recovering money for medical bills a health insurer already paid usually triggers a reimbursement claim, and reducing those liens can noticeably increase your net recovery.

Benefits of Contingency Fee Agreements for Clients

The biggest benefit is access. Because you pay nothing up front, you can hire an experienced lawyer even while you are out of work and facing medical bills. In addition, you carry less financial risk, since you owe no attorney’s fee if the case is unsuccessful.

A contingency fee also aligns incentives. Your lawyer is paid only if you are, so the firm has every reason to build a strong case and push for full value. Finally, a firm that advances the costs of experts and litigation signals to the insurance company that it is prepared to take the case to trial.

A Breakdown of Other Common Legal Fee Structures

Lawyers bill in three main ways: contingency, hourly, and flat fees. Personal injury law relies almost entirely on contingency fees, but it helps to understand the alternatives. According to Clio’s Legal Trends data, the average hourly rate for Pennsylvania lawyers in 2025 was $311.

Fee Structure	Advantages	Disadvantages	Typical Use Cases
Contingency	No upfront cost; lawyer paid only if you recover	Fee is a share of the recovery	Personal injury, medical malpractice, wrongful death
Hourly	You pay only for time actually spent	Costs can grow quickly in long cases	Business disputes, family law, defense work
Flat fee	Predictable, fixed cost	Not practical for unpredictable litigation	Wills, simple contracts, routine filings

Comparing Contingency Fees Across Different States: Pennsylvania vs. New Jersey

Many residents of the Philadelphia region are hurt across the river, or the other way around, so the differences between the two states matter. Pennsylvania leaves the percentage to the agreement, subject to the “clearly excessive” standard. New Jersey, by contrast, sets a sliding scale of maximum fees in tort cases under New Jersey Court Rule 1:21-7.

Rule	Pennsylvania	New Jersey
Maximum percentage	No fixed cap; fee may not be clearly excessive	33⅓% of the first $750,000; 30% of the next $750,000; 25% of the next $750,000; 20% of the next $750,000; above that, a reasonable fee set by the court
Fee based on gross or net recovery	Must be stated in the written agreement	Calculated on the net recovery after case expenses are deducted
Minors	Court approves the settlement and fees	Generally capped at 25% if settled before a jury is selected
Written agreement	Required for contingency fees	Required for contingency fees

Other states have their own rules, and some limit fees in medical malpractice cases specifically. If your injury happened outside Pennsylvania or New Jersey, ask a lawyer licensed in that state about its fee rules.

State-Specific Regulations and Ethics

Under Rule 1.5(c), every Pennsylvania contingency fee agreement must be in writing. It must state the method for calculating the fee, including the percentage that applies in the event of settlement, trial, or appeal. It must also list the expenses to be deducted from the recovery and say whether they are deducted before or after the fee is calculated.

When the case ends, your lawyer must give you a written statement showing the outcome. If there is a recovery, that statement must show how much you receive and how that amount was calculated. In 2025, the Pennsylvania Bar Association reinforced these duties in Formal Opinion 2025-100. It recommends that clients sign and date their fee agreements and notes that lawyers must keep the writing for five years. For more general background on legal fees, the Pennsylvania Bar Association offers consumer resources.

 

How Mattiacci Law Maximizes Client Compensation

At Mattiacci Law, we focus on the number that matters most: what you take home. That starts with a thorough investigation, careful documentation of your injuries and losses, and preparing each case as if it will go to trial. Insurers know the difference between a firm that is ready to try a case and one that is not, and that affects the offers they make.

We also look closely at the deductions that come out of a settlement, including medical liens, because reducing them can increase your net recovery. You can review our case results and learn more about our attorneys.

Free Consultation and No Win, No Fee Commitment

Your first consultation with Mattiacci Law is free. We take personal injury cases on a contingency fee basis, which means you pay no attorney’s fee unless we recover money for you. Before we begin, we’ll walk you through the fee agreement so you know exactly how fees and costs work.

Key Takeaways

• Pennsylvania personal injury lawyers most commonly charge 33⅓%, often rising to around 40% in litigation.
• Pennsylvania has no statutory fee cap for most injury cases, but fees cannot be clearly excessive.
• Workers’ compensation fees are capped at 20%, and fees in minors’ cases need court approval.
• Your written agreement must say whether costs come out before or after the fee.
• New Jersey uses a sliding-scale cap that starts at 33⅓%.

FAQs About Personal Injury Lawyer Percentage and Fee Structure

How much do lawyers take from a settlement in Pennsylvania?

Most Pennsylvania personal injury lawyers take 33⅓% of the settlement. Many agreements raise the fee to around 40% if a lawsuit is filed or the case goes to trial. Case costs and any medical liens are deducted separately.

Is the lawyer’s percentage taken before or after costs?

It depends on your agreement. In Pennsylvania, the written fee agreement must state whether expenses are deducted before or after the fee is calculated. A fee calculated after costs leaves you with slightly more money.

Do I have to pay my lawyer if I lose my case?

Under a contingency fee agreement, you owe no attorney’s fee if there is no recovery. Whether you owe case costs after a loss depends on the agreement, so confirm this before you sign.

Can I negotiate a personal injury lawyer’s percentage?

Yes. In Pennsylvania, contingency fees are set by agreement rather than by statute, so the terms can be discussed before you sign. Ask how the percentage changes at each stage of the case and how costs are handled.

What percentage do workers’ compensation lawyers take in Pennsylvania?

Pennsylvania law caps workers’ compensation attorney fees at 20% of the award or settlement, and a workers’ compensation judge must approve the fee.

How are lawyer fees handled when the injured person is a minor?

In Pennsylvania, any settlement of a minor’s claim requires court approval, and the court may approve, reject, or set the attorney’s fees and expenses. In New Jersey, the fee is generally limited to 25% if the case settles before a jury is selected.

How long does a personal injury lawsuit take in Pennsylvania?

It can range from several months to a few years, depending on the injuries, the complexity of the case, and whether it goes to trial. Read more about how long a Philadelphia personal injury lawsuit takes and how to file a personal injury lawsuit in Pennsylvania.

What is the “success fee” in a personal injury case?

“Success fee” is another name for a contingency fee. The lawyer is paid a percentage of the recovery only if the case is successful, which in Pennsylvania is most commonly one-third.