What Percentage Do Car Accident Lawyers Take in Texas?

Dec 18

If you’ve been injured in a car accident, one of the first questions you may ask is, how much will hiring an attorney cost? Understanding attorney fees in Texas can help you make an informed decision and avoid surprises.

1. Standard Contingency Fees in Texas

Most personal injury attorneys in Texas work on a contingency fee basis. This means they only get paid if you recover money from your case, either through a settlement or a verdict.

Before litigation: Attorneys typically charge around 33% (one-third) of the recovery.
If a lawsuit is required: Some firms may increase the fee to up to 40% or more, depending on the complexity of the case.

Contingency fees make legal representation accessible since you don’t have to pay out of pocket upfront.

2. Factors That Affect the Fee

The percentage an attorney charges may vary based on several factors:

Complexity of the case: More complicated cases, with multiple parties or disputed liability, may justify higher fees.
Likelihood of litigation: If the case will likely go to trial, the attorney may charge a higher percentage to account for time and resources.
Experience and reputation: Highly experienced attorneys with strong track records may charge more, but they often bring more leverage and expertise to maximize your recovery.
Local custom: Fees may also reflect what is customary in the area, but attorneys are ethically required to ensure the fee is reasonable based on the case.

3. Negotiating Attorney Fees

You are not bound to accept the first fee offered. Many Texas attorneys are willing to negotiate based on your case and the anticipated work.

Always ask for a clear, written agreement detailing the contingency percentage and when fees apply.
Make sure the attorney is transparent about additional costs, such as court fees or expert witness expenses.
Remember, the Texas Disciplinary Rules of Professional Conduct require attorneys to charge fees that are reasonable, taking into account factors like time, difficulty, and the attorney’s experience.