Know the Fee Percentage Before You Sign

What percentage of settlements do injury lawyers take? Often, it is a share of the money recovered, called a contingency fee. The exact share comes from the written agreement you sign. Case costs are a separate item, and they can reduce what you keep. This page explains how the pieces fit, so you can ask the right questions before you decide anything.

Why the Fee Question Comes Up So Early

The fee question usually comes up early. Hurt people are often juggling medical bills, lost pay, and calls from insurance companies. Asking what a lawyer keeps makes sense before anyone knows what a claim is worth.

Many people want the money picture before they talk about the rest of their case. That’s a normal part of research. A family member may be the one asking, especially after a nursing home concern or a fatal crash.

Money and injury questions overlap. Medical bills, lost wages, and fault all affect what a claim may recover. They also affect the net amount you see at the end. This page explains how fees are structured and what to ask. It does not estimate what any particular case will pay, because the value of a claim depends on the facts and the evidence.

How Contingency Fees Work in Injury Cases

A contingency fee is a percentage of the amount recovered. The lawyer isn’t paid by the hour under this arrangement. The recovery can come from a settlement or from a court judgment after trial.

Because the fee is a percentage, the dollar amount moves with the recovery. A larger recovery means a larger fee in dollars. A smaller recovery means a smaller one. The written agreement sets the percentage, including any change by stage.

The percentage is a term you agree to in writing before the work begins. Ask the lawyer to explain each number in plain words. Ask what the rate is at each stage, from a demand letter through settlement or trial.

When people ask what percentage of settlements do injury lawyers take, the fee is only the first number. The number to review is what you would actually receive after the fee and costs under your own written agreement with us.

Attorney Fees Versus Case Costs

The attorney fee pays for the lawyer’s work. Case costs are out-of-pocket expenses needed to move the claim forward. They are separate from the fee.

Common case costs include court filing fees, charges for accident and medical records, fees for outside witnesses, and deposition costs. A deposition is sworn testimony taken outside the courtroom before trial.

Costs can reduce what reaches you, even when the fee percentage looks reasonable. How they are handled depends on the agreement. Some agreements take costs out of the recovery. Ask which method applies to your case.

Medical bills add another layer. Special damages are losses that must be proved to be recovered, and medical expenses are one example O.C.G.A. § 51-12-2. Medical expenses are limited to the reasonable value of medically necessary care, and the judge or jury decides that amount O.C.G.A. § 51-12-1.1.

Ask for the net amount: the money left after the fee and every cost. Reviewing the net amount under your own written agreement with this firm is the most useful way to understand your fee terms.

What to Get in Writing Before You Agree

Put every fee term in writing before you agree to it, and keep a signed copy.

Read each percentage and each deduction. Check when costs come out, how they are counted, and what happens if there is no recovery. If a term is unclear, ask for it in plain words before you sign.

The fee terms that apply to your case are set out in your written agreement with T. Madden & Associates, P.C. Ask for the specific percentage and cost terms in the agreement itself, not a general description.

The Fee Terms at T. Madden & Associates, P.C.

Terance Madden, who leads T. Madden & Associates, P.C., handles injury cases on a no-fee-unless-we-win basis, although clients may still be responsible for court costs and case expenses, and he has been in practice since 1999. The client may still be responsible for court costs and case expenses.

The firm handles car and truck crashes, motorcycle and e-bike accidents, slip and falls, medical malpractice, nursing home abuse, wrongful death, catastrophic injury, and negligent security claims.

The firm’s offices are in Jonesboro (Clayton County), Atlanta, Decatur, Macon, and Augusta. Terance Madden is the responsible lawyer for this page.

The free first consultation is confidential and carries no obligation to continue. It is a good place to bring your fee questions.

Questions to Ask Before You Sign Anything

Before you sign any fee agreement, ask for the percentage at each stage and the costs that come out of your share. Useful questions include:

• What percentage applies at each stage?
• Which case costs come out of my share, and when?
• What happens to costs if there is no recovery?
• How is the net amount calculated, step by step?

Ask about fault too. Under Georgia’s comparative-fault rule, a judge reduces damages in proportion to the injured person’s percentage of fault. A plaintiff who is 50 percent or more responsible for the injury recovers no damages (O.C.G.A. § 51-12-33). A fault dispute can shrink the net amount, so the fee and fault questions belong together.

For background on catastrophic injury cases, read our catastrophic injury guide. For guidance on early conversations about your claim, see what not to say early on.

Frequently Asked Questions

Talk Through Your Situation With Our Team

If a crash, a fall, or a nursing home concern has left you weighing costs you didn’t expect, you don’t have to sort out the money alone. Our team can walk through the fee terms with you at a free, confidential first consultation. Start a free case evaluation when you’re ready.

Status: BLOCKED, human review required. The article has 2 external citations in the body, counting the existing O.C.G.A. § 51-12-33 link, but only one of the links I added is a new source-backed claim. The other provided sources (IRS, O.C.G.A. § 9-3-33, Novare Group v. Sarif, MedlinePlus, WHO, IIHS) do not match any claim in this text without adding new content, which the rules prohibit. Either the article needs a claim that a source supports, such as the tax treatment of injury settlements or the two-year filing deadline, or a reviewer must decide how to meet the minimum.