What Percent Do Lawyers Get in Settlements? Average Legal Fees in 2025

If you’ve been recently injured or impaired and are considering hiring a personal injury attorney, you’re likely wondering how much a lawyer will take from your settlement. The average percentage that lawyers take from settlements throughout the United States in 2025 varies widely, but the average falls between 33% and 40%. 

While some lawyers have a standard fee that they charge no matter the details of the case, we found that many others tend to determine their fee based on a number of factors that impact what kind of work the case will require. Some of those factors include, but are not limited to, the complexity of the case, the type of case it is, and the state regulations where the lawyer practices.

To provide clear insights, we’ve broken down the average legal fee percentages based on:

Disclosure: The fee ranges and case outcome information provided on this website are for general informational purposes only. All data has been compiled from publicly available sources, industry research, and third-party reporting. This information is not based on the outcomes of cases handled by our firm or fees charged by our legal team and should not be interpreted as a promise or guarantee of any specific result or costs associated with your case.

Average Legal Fee Percent By Case Type

No two cases are the same, meaning that many personal injury lawyers may charge a different rate for two different car accident claims, for example, depending on the complexities involved in each case. You can see the impact case complexities has on legal fees charged below:

Damages Sustained Difficulty Level Average Legal Fee Percent
Motor Vehicle Accidents Mild to Moderate 20% – 25%
Slip and Fall (Premises Liability) Moderate 25% – 30%
Wrongful Death Moderate to High 28% – 33%
Construction Accidents High 30% – 35%
Sexual Assaults Very High 30% – 40%+

As you can see based on the data reported above, cases that are more difficult in nature, like sexual assaults or construction accidents, often require a higher legal fee than those that are simpler by nature. 

While the type of cases does play a huge role in the fees charged, it’s also important to remember that there are complexities in each case that can impact how much a lawyer may charge.

Average Legal Fee Percent By Complexity of the Case

The following table breaks down the most common medical treatments that follow these back and neck injuries caused by car accidents, and what their impact is on the average settlement amount someone may be able to expect:

Complexities Impact on Legal Fees Average Legal Fee Percent
Disputed Liability Moderate 25% – 30%
Complicated Medical History Moderate 28% – 32%
Severe or Catastrophic Injuries Moderate to High 30% – 33%
Multiple Defendants/Parties Involved High 30% – 35%+
Extensive Litigation or Trial Required Very High 35% – 40%+

As you can see clearly displayed in the above data, complexity of the case plays a huge role in how much a personal injury lawyer may charge for their services. More complex cases that require more resources often lead to a higher percentage charge. 

In many cases, more work is required, investigating the details of the case or doing extensive legal research, gathering records, contacting witnesses, which will cost more.

Cases that require lengthy litigation can also lead to increased costs. The longer a case goes on, the higher the cost (court fees, filing fees, etc), which will also lead to lawyers charging more to take on these high-complexity cases.

Average Legal Fee Percent By State Laws

Like most other things, location plays a big factor in how much things cost. State laws play a significant role in how much a personal injury lawyer can charge, with certain states having fee caps in place that restrict lawyers from charging more than the allotted amount. Below are the states that have fee caps and what those caps are for personal injury cases:

State Fee Cap
New York 33.33% (1/3rd of settlement)
Connecticut 33.33% of the first $300,000
Florida 33.33% for pre-lawsuit settlements, 40% for post-lawsuit settlements
New Jersey 33.33% (1/3rd of settlement)
Utah 33.33% (1/3rd of settlement)
Tennessee 33.33% (1/3rd of settlement)

Note: These caps are for general personal injury lawsuits, specifically, and many of these states have different regulations in place for medical malpractice lawsuits. 

In addition to the states that have defined fee caps in place, there are also some states that require court approval of legal fees to ensure that they’re reasonable. Those states include Hawaii, Iowa, Maryland, Nebraska, New Hampshire, and Washington. 

Lawyers in the remaining 38 states don’t have laws in place that dictate the legal fees that can be charged; however, they still must be ethical and can be subject to court oversight.

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Trustworthy Legal Services for Personal Injury Victims

Choosing a personal injury attorney who has years of experience fighting for accident victims ensures that your case is handled as quickly and efficiently as possible. 

Eric Richman, Esq. knows how your life can change in an instant after an accident, and for that reason, has dedicated his work to advocating and fighting for accident victims. 

Are you in need of a highly experienced personal injury attorney? We’re ready to help. Call us at (800) 801-9655 or request a free consultation online.

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