Most people want to know one thing first: how much will a lawyer cost? You may see a percentage online, but that number does not tell you the full cost. Other expenses can come out of your settlement too. What you actually take home depends on what is deducted from the settlement and what your fee agreement says.
Burg & Brock has represented injured Californians since 1996, and we have handled more than 20,000 personal injury cases. We have recovered over $1 billion for clients, though past results do not guarantee a similar outcome in your case. We advance case costs, so you pay nothing upfront. Call us for a free consultation, and we can walk you through the fee agreement line by line.
Below, we cover what these arrangements cost, what your agreement has to include, how costs differ from fees, and how the settlement math works.
You may not have to pay anything upfront. Most car accident lawyers and personal injury lawyers in California work on contingency. The fee comes out of the settlement or court award at the end. If there is no recovery, there is no attorney fee.
That matters because many accident victims are already dealing with medical bills and lost income. Paying a lawyer by the hour may not be realistic when you are out of work. With a contingency fee, the law firm takes on the financial risk and gets paid only if it recovers compensation for you. That is how people get legal help without paying anything upfront.
Hourly and flat fees do exist in law, but they are rare in injury work. Almost every personal injury law firm in Los Angeles offers a free initial consultation and then works on a contingency. If an accident lawyer in California quotes you upfront legal fees for a straightforward car accident claim, ask why. A contingency fee arrangement is the norm for these legal services, not a concession.
Contingency fees in California often step up as a case moves further into litigation. Our own structure is 33⅓ percent of the recovery before a lawsuit is filed, rising to 40 percent once a lawsuit is filed.
Fee percentages don't vary much from firm to firm in California, so the terms of the agreement matter more than shopping around for a lower rate. Our guide to what a car accident lawyer costs in Los Angeles goes into the local picture. Where a firm sets its percentage depends mostly on how complex the case is and how long it is likely to take.
A disputed liability case with several defendants takes far more work than a clear rear-end collision. Attorney experience and trial record play a part. So does the local legal market, and rates in Los Angeles can differ from those in rural counties. The percentage is also negotiable. California law does not fix it, and your agreement is legally required to tell you so.
Medical malpractice is the exception, where the rates are capped by statute rather than negotiated. Under Business and Professions Code section 6146, an attorney cannot charge more than 25 percent of the recovery. That cap applies where the case settles before a complaint or arbitration demand is filed. After filing, the cap is 33 percent. If the case goes to trial or arbitration, the attorney can ask the court or arbitrator for more, by motion and for good cause.
Business and Professions Code section 6147 governs every contingency fee agreement in California, and it is short enough to check yourself. The contract must be in writing, signed by both of you, and you must be given a duplicate copy when you sign it.
It must state the contingency fee rate you agreed to. It must explain how disbursements and case costs will affect both the fee and your recovery. It must set out whether you could owe the attorney anything for related matters outside the contingency contract. Unless section 6146 applies, it must state that the fee is negotiable between attorney and client rather than set by law.
Subdivision (b) is what gives that list force. Under it, failure to comply with any provision of the section renders the agreement voidable at your option. If you void it, the attorney is entitled only to a reasonable fee rather than the percentage in the contract.
Check your fee agreement against that list before you sign, and read it rather than skimming. A legitimate firm will walk you through it. Section 6148 separately requires a written agreement in non-contingency matters where the total expense is likely to exceed $1,000.
A published California case shows how this plays out. In Fergus v. Songer, decided in 2007, an attorney and client signed a contingency agreement for 45 percent of all recoveries. The agreement left out the statement required by section 6147, subdivision (a)(4), that the fee was negotiable and not set by law.
The client voided the agreement. The Court of Appeal held that it was his right. The attorney could recover only a reasonable fee instead of the 45 percent he had contracted for. A later letter raising the fee from 45 to 50 percent fared no better. The court treated it as a new contingency agreement that was voidable for the same reasons, because changes to a contingency fee agreement have to comply with section 6147 too.
One missing sentence cost that attorney the fee he had contracted for. The paperwork matters as much as the percentage.
Fees and costs are two different things, and mixing them up is a common reason a settlement check comes in lower than expected. The fee is what the law firm charges for its work. Costs are what the case itself consumes. Court filing fees, deposition transcripts, expert witness fees, medical records, service of process, and investigators all count as case costs. In most personal injury cases, the firm advances all of it, so you pay no upfront costs.
Some of these costs are public. Under the Superior Court of California statewide civil fee schedule, effective January 1, 2026, filing the first paper in an unlimited civil case (one over $35,000) costs $435. That is before a single deposition or expert.
Expert witness fees are usually the highest cost in a serious injury case. A treating physician’s testimony, an accident reconstruction engineer, and a life care planner can each run into thousands. That is why a firm advancing costs is taking real financial risk alongside you.
Costs are reimbursed from the settlement at the end. The question to ask is whether the fee percentage applies to the gross recovery or to what is left after costs. Ask it out loud. That one detail can move your net as much as a few points on the fee.
The figures below are illustrations rather than any particular case. They show the same $100,000 car accident settlement under two different orderings. (Timing is a separate question, covered in our guide on how long car accident settlements take in California.)
| Step | Fee on gross recovery | Fee on recovery net of costs |
| Gross settlement | $100,000 | $100,000 |
| Case costs deducted first | not applicable | $10,000 |
| Amount the fee applies to | $100,000 | $90,000 |
| Attorney fee at 33⅓ percent | $33,333 | $30,000 |
| Case costs reimbursed | $10,000 | already deducted |
| Medical liens paid | $15,000 | $15,000 |
| Net to the client | $41,667 | $45,000 |
Same settlement, same percentage, and a difference of more than $3,300 from the order of operations alone. Then there are liens. If a health plan or hospital paid for your medical treatment, they will usually want repayment from the settlement before you see anything.
Liens are why the settlement amount alone does not tell you what you will take home. A larger settlement with big liens can leave you with less than a smaller one with none. Many liens can be negotiated down, so ask your attorney whether that has been done before you sign off on the final numbers.
Discuss the fees before you sign the agreement, not when the settlement statement arrives. Ask how the percentage is calculated and whether it increases as the case progresses. Find out who decides which costs are incurred and whether the lawyer will consult you before hiring an expensive expert.
Find out what a car accident lawsuit could add in legal costs if the claim does not settle. Also, clarify what happens if you lose the case. In most contingency arrangements, you owe no fee, but confirm in writing whether you would owe advanced costs, because firms differ on that point.
The legal process is easier to follow when the money side is settled at the start. Then ask for a written settlement breakdown at the end showing gross recovery, fee, each cost itemized, each lien, and your net. You are entitled to understand every line, and a firm that resists that question has told you something useful.
People hear "33 percent" and assume they know what they will get. Few ask whether that percentage applies before or after costs, and that is the question that moves the number.
Complexity drives case costs more than the fee. The percentage usually stays within the same tiers, but what the case itself costs can vary widely. A simple rear-end crash with clear fault and an insurer willing to pay needs few experts and little discovery. A crash involving several people, disputed fault, and arguments over the injuries can run up much larger costs.
Time matters too. A case settled in six months usually costs less than one that takes two years, and filing a lawsuit moves the fee to the higher tier. Where the case is filed can also make a difference, but usually less. A personal injury case in a busy city court may move differently from one in a smaller county.
An experienced car accident attorney with a real trial record may charge the same percentage as anyone else, and still produce a different result. Choosing the right car accident lawyer matters more than shaving a point off the fee percentage. Many personal injury attorneys quote the same rate, so compare trial records and ask who handles your file. A lawyer who suits a simple claim may not be the right fit for a contested California car accident.
Cases change shape. A defendant who seemed insured turns out to have minimal coverage, or a soft tissue injury becomes a surgical case. Either can shift the cost profile considerably, and a firm should tell you when that happens rather than at the end.
Negotiation skill affects cost indirectly but substantially. An attorney who resolves your claim before filing keeps you at the lower rung of the fee ladder and avoids litigation costs entirely. Settling well and early is often worth more to your net than arguing about the percentage.
Three questions will tell you more about your fee than any percentage does. Is it calculated before or after costs, when exactly does the rate step up, and who bears advanced costs if nothing is recovered? Any firm worth hiring answers all three without hesitating. Then read the agreement against section 6147 yourself, because the law wrote that checklist for your benefit.
At Burg & Brock, we handle complex personal injury cases, including rideshare claims, truck collisions, and motorcycle accidents. Our team has recovered over $1 billion for clients since 1996, though past results do not guarantee future outcomes. We advance case costs, and we hold an A+ rating from the Better Business Bureau. Contact us today to start your claim.
Below are answers to common questions about accident attorney costs in California.
Nothing upfront in almost every case. Most personal injury lawyers work on a contingency fee basis, taking a percentage of the final settlement or court award. That is commonly 33⅓ percent before a lawsuit is filed, rising to 40 percent afterward. Free consultations are standard. Medical malpractice is different, because section 6146 caps the percentage by statute.
Contingency fees dominate injury work. Hourly fees and flat fees exist elsewhere in law but are rare here. Most accident victims cannot fund a car accident case hourly, and the contingency model exists to solve that. Whichever applies, the agreement must be in writing and must tell you how the fee is calculated.
Yes, and they are separate from the fee. Court filing fees, deposition transcripts, expert witness fees, medical records, and investigators all cost money. In most personal injury cases, the law firm advances them and is reimbursed from the recovery. Ask whether you owe advanced costs if the case is lost, since that varies between firms.
Yes. The initial consultation costs you nothing and carries no obligation. If we do not think a claim is worth pursuing, we tell you so. You leave knowing the likely fee structure, the costs your case will need, and a realistic view of what it may be worth.
Yes, outside of medical malpractice, and your agreement is legally required to say so. Section 6147 requires a statement that the fee is not set by law but is negotiable between attorney and client. Whether a firm will move depends on the case, since a straightforward claim with clear liability carries different risk from a contested one. Asking costs nothing.
Disclaimer: This article is general information about attorney fees and case costs in California and is not legal advice. Reading it does not create an attorney-client relationship with Burg & Brock. The settlement figures shown are illustrations only and do not reflect any actual case or predict any result. Fee arrangements vary by firm and by case, so read any agreement carefully and ask questions before signing.
Cameron Brock is a recognized personal injury lawyer in Los Angeles with extensive experience and success representing individuals and families in catastrophic personal injury and wrongful death cases.
Cameron’s established track record of helping those who have been harmed by wrongful conduct, violations of safety rules, and defective products has focused on claims involving automotive product defect, tire product defect, commercial truck accidents, trash truck accidents, airplane and helicopter crashes, train disaster, government liability for dangerous condition of public property, and general negligence.
Read more about Cameron BrockWe turn your pain into payouts. No stress, no upfront fees, just real results when you need them most.
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