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Q: What is the average percentage California personal injury lawyers charge for contingency fee cases?
A: There is no set fee so long as it is not "unconscionable" according the California Bar Association.
Most California personal injury attorneys charge anywhere between 33.33% and 40% to represent injured people on a contingency fee basis. However, there are some attorneys who charge as much as 50% in personal injury cases--particularly in those cases where liability is heavily disputed. It used to be common and usual for most San Diego lawyers to charge 33.33% in contingency fee cases. However, that has changed. It now seems that a 40% flat fee is commonplace for most personal injury attorneys in San Diego, Riverside, and Orange County.
At our office, we still charge 33.33% for all of our personal injury clients. We believe that is a fair rate for the kind of cases we accept. However, in the few cases that we take to trial each year (95%+ of our cases still settle prior to trial, but we do try 2-4 cases each year), our legal fees rise to 40%. This is to pay for the extra time and dedication we put into our trials. For the last month prior to trial and throughout all our days in Court, our practice is dedicated solely to you. We think it is fair to charge 40% for these additional services, but do not believe that you should be charged that fee until it is clear that the case must end up in trial. That is why 95%+ of our clients do not pay any more than 33.33%.
San Diego, Chula Vista, Escondido, Oceanside, Vista, San Marcos, El Cajon, Carlsbad, Poway, Encinitas, La Mesa, Santee, National City, Imperial Beach, Lemon Grove, Coronado.