How Much of My Settlement Will the Lawyer Take in Texas?
Most personal injury attorneys in Texas work on a contingency fee basis, which means they take a percentage of whatever they recover for you. The exact percentage depends on the complexity of your case and whether a lawsuit is required.
Typical Contingency Fees
Before a lawsuit: Many attorneys charge around 33% of the total settlement.
If litigation is required: The percentage may rise to 40% or more, depending on the anticipated time and effort.
It’s important to review your fee agreement carefully and confirm exactly what percentage applies in your case.
What Factors Affect the Fee
Attorneys consider several factors when setting contingency fees:
Complexity of the case: More disputed or complicated cases may justify a higher fee.
Likelihood of litigation: If a lawsuit is likely, the attorney may charge more because of the extra work and risk.
Time and resources required: Cases that require extensive investigation or expert testimony can affect the percentage.
Negotiating Fees
You should never just accept the first offer. Texas attorneys are ethically required to charge reasonable fees based on the facts of your case. If an attorney isn’t willing to discuss or negotiate their percentage, that’s a red flag.
Many attorneys will consider factors like the size of the settlement, the expected time, and customary rates in the area to ensure their fees are fair.
Bottom Line
A typical settlement in Texas will first subtract the attorney’s contingency fee, then any case expenses like court costs or expert witness fees, to determine your net recovery.
You always have the right to shop around and compare fees, ensuring you get competent representation at a fair rate.
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