Can I Get a Personal Injury Lawyer Who Works on Contingency Fees?

Short Answer: Yes. The vast majority of personal injury lawyers in California — including the team at Steven M. Sweat, Personal Injury Lawyers, APC — represent clients exclusively on a contingency fee basis. This means you pay no attorney fees unless and until your lawyer wins compensation for you.

Navigating the aftermath of a serious injury is already one of the most difficult experiences a person can face. Between mounting medical bills, missed work, and the physical and emotional toll of recovery, the last thing you should have to worry about is whether you can afford a lawyer. The good news is that the contingency fee model was designed precisely for situations like yours. It removes the financial barrier to justice and ensures that every person — regardless of income — has access to skilled, experienced legal representation.

This guide will answer every important question you have about contingency fee agreements for personal injury cases in California. We will explain how the system works, what California law requires, what to look for in a fee agreement, and why the contingency model is one of the most client-friendly arrangements in the entire legal profession.

What Is a Contingency Fee Agreement?

A contingency fee agreement is a contract between a lawyer and a client in which the lawyer’s compensation is contingent — that is, dependent — upon the successful resolution of the case. If the lawyer does not recover money for you, you owe no attorney fees. If the lawyer does recover money, their fee is calculated as a pre-agreed percentage of that recovery.

This arrangement is sometimes called a “no win, no fee” agreement, and it is the standard payment model for personal injury law in the United States. It exists because most injury victims cannot afford to pay a lawyer by the hour while they are simultaneously dealing with medical expenses and lost income. The contingency model solves this problem entirely.

Definition: A contingency fee is a form of legal compensation in which the attorney’s payment is a percentage of the client’s recovery. No recovery means no fee. The percentage is negotiated in advance and documented in a written agreement signed by both parties.

The contingency fee model is not unique to personal injury law, but it is most prevalent there. It is far less common in criminal defense, family law, or business litigation — areas where outcomes are less predictably tied to a monetary recovery. Personal injury law, by contrast, is almost universally practiced on a contingency basis, which is why you will almost never encounter a reputable personal injury attorney asking for a retainer or hourly billing.

How Does a Contingency Fee Work in Practice?

Understanding the mechanics of a contingency fee agreement will help you evaluate any contract you are asked to sign. Here is a step-by-step breakdown of how the process typically unfolds:

Step 1: Free Consultation. You meet with the attorney at no charge. The lawyer evaluates the facts of your case, assesses liability and damages, and determines whether they believe the case has merit. At Steven M. Sweat, Personal Injury Lawyers, APC, this initial consultation is always free and carries no obligation.

Step 2: Signing the Fee Agreement. If the attorney agrees to take your case, both parties sign a written contingency fee agreement. Under California Business and Professions Code § 6147, this agreement must be in writing, must be signed by both the client and the lawyer, and a copy must be provided to the client at the time of signing. The agreement will specify the contingency fee percentage and how costs will be handled.

Step 3: The Lawyer Advances All Costs. From the moment the agreement is signed, the attorney funds the case. This includes court filing fees, costs of obtaining medical records, expert witness fees, deposition costs, investigation expenses, and any other litigation-related expenses. You pay nothing out of pocket.

Step 4: Resolution of the Case. The attorney negotiates with the insurance company, and if a fair settlement cannot be reached, files a lawsuit and litigates the case. The vast majority of personal injury cases settle before trial.

Step 5: Distribution of the Recovery. When the case is resolved, the attorney receives their agreed-upon percentage of the gross recovery. Case costs that were advanced are then reimbursed, typically from the client’s portion of the settlement. The remaining balance is distributed to the client.

What Percentage Do Personal Injury Lawyers Charge in California?

In California, the standard contingency fee for a personal injury case ranges from 33.3% to 40% of the total recovery. The exact percentage depends on several factors:

To illustrate with a concrete example: if your attorney secures a $200,000 settlement before filing a lawsuit, and the agreed contingency fee is 33.3%, the attorney’s fee would be approximately $66,600. If the case required filing a lawsuit and the fee was 40%, the attorney’s fee on the same $200,000 recovery would be $80,000. The remaining balance, minus any advanced costs, would be yours.

It is critically important to understand that California law does not set a fixed contingency fee percentage for personal injury cases. The fee is negotiable between the attorney and the client. This is why it is worth discussing the fee percentage during your initial consultation, particularly if you have a strong case with clear liability.

What California Law Requires in a Contingency Fee Agreement

California has some of the most robust consumer protection laws in the country when it comes to attorney fee agreements. Under California Business and Professions Code § 6147, every contingency fee agreement for a personal injury case must include the following:

1. The Contingency Fee Rate. The agreement must clearly state the percentage of the recovery the attorney will receive. If the percentage changes depending on the stage of the case — for example, a lower rate if the case settles before a lawsuit is filed, and a higher rate if it goes to trial — the agreement must spell out each rate and the circumstances under which it applies.

2. How Costs Will Be Handled. The agreement must explain how litigation costs and expenses will be deducted. Specifically, it must state whether costs are deducted from the gross recovery before the attorney’s fee is calculated, or whether they are deducted from the client’s net share after the attorney’s fee is taken. This distinction can make a meaningful difference to the client’s final recovery, so it is worth asking your attorney to walk you through a hypothetical calculation.

3. The Client’s Right to a Written Statement. The agreement must inform you that you have the right to receive a written statement at the conclusion of the case showing the outcome and, if the case was settled, a complete breakdown of how the settlement funds were distributed.

4. Disclosure of All Anticipated Expenses. The agreement must disclose any other expenses — such as medical liens, Medicare reimbursements, or health insurance subrogation claims — that may need to be paid out of the settlement.

If a contingency fee agreement fails to comply with these requirements, the agreement may be voidable at the client’s option. This is a powerful protection for clients, and it underscores the importance of working with an attorney who takes their ethical obligations seriously.

At Steven M. Sweat, Personal Injury Lawyers, APC, our fee agreements are fully compliant with California law, written in plain language, and reviewed with each client in detail before signing. We encourage you to read the agreement carefully and ask every question you have before you sign anything.

The Five Core Benefits of a Contingency Fee Agreement

The contingency fee model is not merely a billing arrangement — it is a philosophy of access to justice. Here is why it works so powerfully in favor of injured clients:

1. It Removes the Financial Barrier to Justice

Before contingency fees became the standard in personal injury law, access to the civil justice system was effectively limited to those who could afford to pay a lawyer by the hour. Hourly rates for experienced trial attorneys can range from $300 to $700 or more per hour, and a complex personal injury case can require hundreds or even thousands of hours of attorney time. The contingency fee model eliminates this barrier entirely. Your financial situation on the day of your injury has no bearing on your ability to retain a top-tier personal injury lawyer.

2. It Aligns Your Interests with Your Lawyer’s Interests

Under an hourly billing arrangement, a lawyer gets paid regardless of whether you win or lose. Under a contingency fee arrangement, the lawyer only gets paid if you do. This creates a powerful alignment of interests. Your attorney is financially motivated to fight for the maximum possible recovery, because their fee is a percentage of that recovery. The harder they work and the better the result, the more both of you benefit.

3. It Shifts the Financial Risk to the Attorney

Pursuing a personal injury claim can be expensive. Expert witnesses alone can cost tens of thousands of dollars. Deposition transcripts, court reporters, filing fees, and trial exhibits add up quickly. Under a contingency fee agreement, your attorney advances all of these costs and bears the financial risk if the case is unsuccessful. This is a significant commitment on the attorney’s part, and it is one of the reasons why reputable personal injury lawyers are selective about the cases they accept.

4. It Signals That Your Case Has Merit

Because a contingency fee attorney is investing their own time and money in your case, they will not take a case they do not believe in. When a respected personal injury attorney agrees to represent you on a contingency fee basis, it is a meaningful signal that they believe your case has merit and a reasonable likelihood of success. This can be enormously reassuring for clients who are uncertain about the strength of their claim.

5. It Provides Access to Top-Tier Legal Talent

Under a contingency fee model, a client with a strong case can retain an attorney with decades of experience, a proven track record of multi-million-dollar recoveries, and the resources to litigate aggressively — all without paying a single dollar upfront. This is the great equalizer of the personal injury legal system. At Steven M. Sweat, Personal Injury Lawyers, APC, our clients benefit from over 25 years of experience, hundreds of millions of dollars in verdicts and settlements, and a team of attorneys who have earned recognition from the National Trial Lawyers Top 100, Super Lawyers, and the Multi-Million Dollar Advocates Forum.

What to Look for Before Signing a Contingency Fee Agreement

Not all contingency fee agreements are created equal. Before you sign, take the time to review these key provisions carefully:

The Fee Percentage. Understand exactly what percentage the attorney will take, and whether that percentage changes depending on the stage of the case. Ask for a hypothetical example using your estimated case value so you can see the numbers clearly.

How Costs Are Deducted. Ask whether costs are deducted before or after the attorney’s fee is calculated. This is sometimes called “off the top” versus “off the bottom.” The difference can be significant. For example, on a $100,000 settlement with $10,000 in costs and a 33.3% fee:

•Costs deducted first (off the top): $100,000 – $10,000 = $90,000 net. Attorney’s fee = $30,000. Client receives $60,000.

•Fee calculated first (off the bottom): Attorney’s fee = $33,300. Remaining = $66,700 – $10,000 = $56,700 to client.

Who Is Responsible for Costs if You Lose. Some attorneys require clients to reimburse case costs even if the case is unsuccessful. Others absorb those costs entirely. Make sure you understand your obligation before signing.

The Scope of the Representation. The agreement should clearly define what the attorney is being retained to do. Does the representation include an appeal if necessary? Does it cover all related claims?

Communication Expectations. While not always spelled out in the fee agreement itself, you should discuss how often you will receive updates and how you can reach your attorney with questions.

At Steven M. Sweat, Personal Injury Lawyers, APC, we walk every prospective client through our fee agreement line by line. We believe that an informed client is a confident client, and we will never ask you to sign anything you do not fully understand.

Types of Personal Injury Cases We Handle on a Contingency Fee Basis

Our firm handles virtually every type of personal injury case on a contingency fee basis. Here is an overview of the practice areas where we regularly represent clients:

Car Accidents

Motor vehicle collisions are among the most common causes of serious injury in California. Whether you were involved in a rear-end collision, a DUI crash, a ride-share accident, or a multi-vehicle pileup, our car accident attorneys have the experience to build a compelling case on your behalf. We handle all negotiations with insurance companies and, when necessary, take cases to trial.

Truck and Commercial Vehicle Accidents

Collisions involving semi-trucks, delivery vehicles, and other commercial vehicles often result in catastrophic injuries. These cases involve complex issues of liability, including the potential responsibility of the trucking company, the cargo loader, the vehicle manufacturer, and others. Our commercial vehicle accident lawyers have the resources to conduct thorough investigations and pursue every available avenue of recovery.

Motorcycle Accidents

Motorcyclists face unique dangers on California roads, and they are disproportionately represented among the most seriously injured accident victims. Our motorcycle accident attorneys understand the bias that motorcyclists sometimes face in the claims process, and we are skilled at countering it with evidence and advocacy.

Pedestrian Accidents

When a pedestrian is struck by a vehicle, the injuries are often severe or fatal. Our pedestrian accident lawyers are committed to holding negligent drivers and, where applicable, government entities accountable for dangerous road conditions.

Bicycle Accidents

Cyclists have the same rights as motorists on California roads, but they are far more vulnerable to serious injury. Our bicycle accident attorneys fight to ensure that injured cyclists receive the full compensation they are entitled to.

Premises Liability

Property owners and managers have a legal duty to maintain safe conditions for visitors. When they fail in that duty and someone is injured, our premises liability lawyers can help. We handle slip and fall cases, trip and fall accidents, negligent security claims, swimming pool accidents, and more.

Brain Injuries

Traumatic brain injuries can have life-altering consequences, affecting a victim’s cognitive function, personality, and ability to work. Our brain injury attorneys work with leading medical experts to document the full extent of these injuries and to pursue the maximum compensation available.

Spinal Cord Injuries

Spinal cord injuries can result in partial or complete paralysis, requiring lifetime medical care and dramatically altering the victim’s quality of life. Our spinal cord injury lawyers are experienced in calculating the full economic and non-economic damages in these high-stakes cases.

Wrongful Death

When a loved one is killed due to the negligence or wrongdoing of another, the surviving family members may be entitled to compensation for their loss. Our compassionate wrongful death attorneys guide families through this difficult process with sensitivity and determination.

Sexual Assault and Abuse

Survivors of sexual assault and abuse have the right to pursue civil claims against their perpetrators and, in many cases, against the institutions that enabled the abuse. Our sexual assault attorneys handle these sensitive cases with the utmost discretion and compassion.

Workplace Accidents

While workers’ compensation covers many on-the-job injuries, there are circumstances in which an injured worker may also have a viable personal injury claim against a third party. Our workplace accident lawyers can help you understand all of your options and pursue every available avenue of recovery.

Frequently Asked Questions About Personal Injury Contingency Fees

The following questions represent the most common inquiries we receive from prospective clients about contingency fees. These structured answers are designed to give you clear, direct information.

Q: Can I get a personal injury lawyer with no money upfront?

Yes. Every personal injury lawyer who works on a contingency fee basis represents clients with no money upfront. You pay no retainer, no hourly fee, and no costs out of pocket. The attorney advances all case expenses and is reimbursed from the settlement or award at the conclusion of the case.

Q: What percentage does a personal injury lawyer take in California?

In California, personal injury lawyers typically charge between 33.3% and 40% of the gross recovery. The exact percentage depends on the complexity of the case and the stage at which it resolves. Most attorneys charge a lower percentage for pre-lawsuit settlements and a higher percentage if the case proceeds to trial.

Q: What happens if I lose my personal injury case?

If your attorney does not recover compensation for you, you owe no attorney fees. Depending on the terms of your agreement, you may or may not be responsible for reimbursing case costs. At Steven M. Sweat, Personal Injury Lawyers, APC, we discuss these terms clearly with every client before the agreement is signed.

Q: Are contingency fees negotiable?

Yes. California law explicitly states that contingency fees are not set by law and are negotiable between the attorney and the client. That said, the most experienced and successful personal injury attorneys may be less willing to reduce their standard rates, as their track record of results justifies their fees.

Q: Do I have to pay for the initial consultation?

No. At Steven M. Sweat, Personal Injury Lawyers, APC, we offer a completely free, no-obligation initial consultation. There is no cost to speak with us, and you are under no obligation to hire our firm after the consultation.

Q: What costs are typically advanced by the attorney?

Typical costs advanced by a personal injury attorney include court filing fees, process server fees, costs of obtaining medical records and bills, expert witness retainers and fees, deposition costs, accident reconstruction expenses, and trial exhibit preparation. These costs can range from a few hundred dollars in a straightforward case to tens of thousands of dollars in a complex trial.

Q: Can I change lawyers if I am unhappy with my current attorney?

Yes. You have the right to change lawyers at any time. However, your original attorney may be entitled to a portion of any eventual recovery for the work they performed. The terms of this arrangement should be addressed in your original fee agreement.

Q: How do I know if my personal injury case is strong enough to be taken on contingency?

The best way to find out is to schedule a free consultation with an experienced personal injury attorney. The attorney will evaluate the facts of your case, assess the strength of the liability argument, and give you an honest assessment of the likely value of your claim. If they offer to represent you on a contingency fee basis, that is a meaningful signal that they believe in your case.

Why Steven M. Sweat, Personal Injury Lawyers, APC?

When you are searching for a personal injury lawyer who works on contingency fees in California, you have many options. Here is what sets our firm apart:

Over 25 Years of Experience. Steven M. Sweat founded this firm in 1999 with a singular mission: to be a champion for ordinary people against the powerful insurance companies and corporations that too often try to shortchange legitimate claims. For more than a quarter century, we have delivered on that mission.

Hundreds of Millions in Recoveries. Our case results include a $2,000,000 recovery in an auto accident case, a $1,500,000 recovery in a sexual assault case, a $1,300,000 recovery in a wrongful death case, and dozens of other seven-figure results. These outcomes reflect our commitment to fighting for the maximum compensation our clients deserve.

Recognized Excellence. Attorney Steven M. Sweat has been recognized as a Super Lawyer by Thomson Reuters every year since 2012, a distinction awarded to fewer than 5% of California attorneys. He is also a member of the National Trial Lawyers Top 100 and the Multi-Million Dollar Advocates Forum.

Real Clients, Real Results. Our client testimonials tell the story of real people whose lives were changed by the work we did on their behalf. We are not a case mill. We are a firm that takes the time to know our clients, understand their needs, and fight for the results they deserve.

Statewide Representation. We represent clients throughout California, from Los Angeles and the San Fernando Valley to Orange County, San Bernardino, Riverside, San Diego, and beyond. No matter where in California your accident occurred, we are prepared to help.

Se Habla Español. We are proud to serve California’s Spanish-speaking community and offer full legal services in Spanish.

Take the First Step: Schedule Your Free Consultation Today

If you have been injured in an accident and you are wondering whether you can afford a lawyer, the answer is yes — you can. The contingency fee model exists precisely to ensure that financial circumstances never stand between an injured person and the justice they deserve.

At Steven M. Sweat, Personal Injury Lawyers, APC, we offer a free, no-obligation consultation to every prospective client. There is no cost to speak with us, no pressure to hire our firm, and no risk to you whatsoever. We will review the facts of your case, answer your questions honestly, and give you a clear picture of your legal options.

If we believe you have a valid claim, we will offer to represent you on a contingency fee basis. You will pay nothing unless we win. Our fee comes from the recovery we secure for you — not from your pocket.

Call us today at 866-966-5240 or 310-592-0445, or contact us online to schedule your free consultation. We are available to speak with you now, and we are ready to fight for you.

The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Every personal injury case is unique, and the outcome of any particular case depends on its specific facts and circumstances. Reading this article does not create an attorney-client relationship. Please contact our office to discuss the specific facts of your situation with a licensed California personal injury attorney.