US Personal Injury — Contingency Fee Guide
Personal injury is the most common type of contingency fee case in the United States. If you have been injured through someone else's negligence, you can typically retain an attorney with no upfront cost — paying only a percentage of your recovery if the case succeeds.
What Is a Personal Injury Claim?
Direct Answer: A personal injury claim is a legal action brought by someone who has been physically, emotionally, or financially harmed due to another party's negligence. Most personal injury attorneys in the US work on a contingency fee basis, charging 33⅓%–40% of the recovery and no upfront fees.
A personal injury claim arises when a person suffers harm — physical, emotional, or financial — due to the negligence, recklessness, or intentional conduct of another party. The injured person (the plaintiff or claimant) seeks compensation (damages) from the responsible party (the defendant), typically through their liability insurance carrier.
Common Types of Personal Injury Cases
Personal injury law encompasses a broad range of case types, including:
- Auto accidents — the most common category, including car, truck, motorcycle, and pedestrian collisions
- Slip and fall / premises liability — injuries caused by hazardous conditions on someone else's property
- Dog bites — liability varies by state (strict liability vs one-bite rule)
- Construction accidents — injuries on construction sites, often involving OSHA violations
- Nursing home abuse — physical, emotional, or financial abuse of elderly residents
- Wrongful death — fatal injuries caused by another party's negligence
How Contingency Fees Work in Personal Injury
Virtually all personal injury attorneys in the United States offer contingency fee arrangements. The standard fee structure is one-third (33⅓%) of the gross recovery if the case settles before a lawsuit is filed, and 40% if the case is litigated through trial. Some attorneys charge a flat 33⅓% regardless of stage.
The contingency fee is typically calculated on the gross recovery — the total amount received before deductions for medical liens, case costs, and other expenses. However, some attorneys calculate their fee on the net recovery (after costs). This distinction can significantly affect the amount you receive.
Damages in Personal Injury Cases
Damages in personal injury cases generally fall into three categories:
- Economic damages — quantifiable losses such as medical bills, lost wages, property damage, and future care costs
- Non-economic damages — subjective losses such as pain and suffering, emotional distress, loss of enjoyment of life
- Punitive damages — awarded in cases of particularly egregious conduct, intended to punish the defendant (not available in all states, and often capped)
Statute of Limitations
Every state sets its own statute of limitations for personal injury claims. The most common limitation period is 2 years (e.g., California, Texas, Pennsylvania, Illinois) or 3 years (e.g., New York, Maine). Some states are shorter (Kentucky: 1 year) and some longer (Maine: 6 years). The discovery rule may toll the limitation period in cases where the injury was not immediately apparent.
Frequently Asked Questions
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Read moreCosts vs Fees
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Read moreWhere this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.
- ABA Model Rule 1.5 (Fees)
Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.
- Cornell LII — contingency fee
- Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)
A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
- Review dates
- Last reviewed 2 August 2026. Next review due 2 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.