{"id":5221,"date":"2026-11-01T16:15:24","date_gmt":"2026-11-01T16:15:24","guid":{"rendered":"https:\/\/www.tmaddenlaw.com\/guides\/wrongful-death-lawyer-georgia\/what-percentage-do-most-personal-injury-lawyers-take\/"},"modified":"2026-11-04T01:43:42","modified_gmt":"2026-11-04T01:43:42","slug":"what-percentage-do-most-personal-injury-lawyers-take","status":"publish","type":"page","link":"https:\/\/www.tmaddenlaw.com\/guides\/wrongful-death-lawyer-georgia\/what-percentage-do-most-personal-injury-lawyers-take\/","title":{"rendered":"What Percentage Do Most Personal Injury Lawyers Take?"},"content":{"rendered":"\n
<\/span>\"Desk
\n

Personal Injury Fees in Georgia<\/p>

Understanding Personal Injury Attorney Fees in Georgia<\/h1>

Most personal injury lawyers work on a contingency fee. Here is how that arrangement works, which costs can still apply, and what to ask before you sign.<\/p>

Start a Free Case Evaluation<\/a><\/div>
Start a Free Case Evaluation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n\n
\n

About T. Madden & Associates, P.C.<\/h2>\n

<\/span><\/p>

1999<\/h3>

Practicing personal injury law since<\/p><\/div>

<\/span><\/p>

5<\/h3>

Georgia offices: Jonesboro, Atlanta, Decatur, Macon and Augusta<\/p><\/div>

<\/span><\/p>

Free<\/h3>

First consultation, confidential and with no obligation to continue<\/p><\/div><\/div>\n\n<\/div>\n\n\n

By Terance Madden \u00b7 Published November 1, 2026<\/p>\n\n

\n\n\n

The Short Answer: What Personal Injury Lawyers Usually Charge<\/h2>\n

What percentage do most personal injury lawyers take? Most work on a contingency fee, which is a share of the money recovered for the client. The exact share is set in a written fee agreement, so it can differ from one lawyer to the next.<\/p>\n

Looking only at the headline percentage can mislead you. Ask what the client actually keeps after the fee, the case expenses, and any medical bills that must be paid from the recovery.<\/p>\n

T. Madden & Associates, P.C. offers a free first consultation, confidential and with no obligation to continue. The firm works on a no fee unless we win basis. The client may still be responsible for court costs and case expenses. The firm has practiced since 1999 and is led by Terance Madden. Fee questions are reasonable to raise early, before any paperwork is signed.<\/p>\n\n

\"Close-up<\/figure>\n

How a Contingency Fee Works<\/h2>\n

A contingency fee means you pay the lawyer only from money recovered on your claim. You don’t receive an hourly bill as the case moves forward. This is why many people with serious injuries can pursue a claim while they are still paying bills and missing work.<\/p>\n

If nothing is recovered, the fee is not taken from the client. The agreement still spells out who pays expenses, so read that part closely.<\/p>\n

The fee can be figured on the gross recovery, which is the total before expenses are paid. Some agreements figure it after certain costs come out first. The written agreement controls, so ask which method applies before you sign.<\/p>\n

Our firm handles car accident, truck accident, motorcycle, e-bike, slip and fall, medical malpractice, nursing home abuse and wrongful death claims on this basis. Each type of claim has its own proof and cost questions. That is why the agreement should be reviewed against the specific matter.<\/p>\n

Why the Percentage Can Change at Different Stages<\/h2>\n

Many fee agreements set one percentage for a claim that settles before a lawsuit. They set a higher one once a lawsuit is filed. A lawsuit adds work, such as pleadings, discovery, depositions and trial preparation. That added work is one reason some agreements raise the share.<\/p>\n

The stage at which a case settles is not known at the start. That makes the tiers important. Ask what event triggers each tier, and get the exact percentages in writing before you sign.<\/p>\n

Timing matters too. In a medical malpractice claim, Georgia law generally requires suit within two years after the injury. See O.C.G.A. \u00a7 9-3-71<\/a>. For context on wrongful death claims in Georgia, read our Georgia wrongful death guide<\/a>.<\/p>\n

Costs Beyond the Fee: Court Costs and Case Expenses<\/h2>\n

Court costs and case expenses are separate from the attorney fee, and they can add up. Expenses may include court filing fees, deposition transcripts, medical records, investigation costs, and fees for outside professionals who review evidence or testify.<\/p>\n

Here is an illustration only, not the firm’s rate. Assume a $100,000 settlement, a 35 percent fee of $35,000, $5,000 in case expenses, and $20,000 owed to a medical provider. In this example, the client keeps $40,000. Your own agreement sets the real numbers.<\/p>\n

Medical bills can complicate the math. Some injured people get treatment under a provider lien, which defers payment until the claim is settled. A medical lien review in PMC<\/a> explains how this works for a crash victim without insurance.<\/p>\n

Georgia law also makes letters of protection and related billing records relevant and open to discovery. That means they can be requested during a lawsuit. See the Georgia medical expense statute<\/a>, O.C.G.A. \u00a7 51-12-1.1<\/a>.<\/p>\n

How Fees Work in Wrongful Death and Serious Injury Cases<\/h2>\n

In a Georgia wrongful death case, the fee is still taken from the amount recovered under the written agreement. State law also controls who shares in the money. A surviving spouse who recovers under the wrongful death law receives no less than one-third of the recovery. See O.C.G.A. \u00a7 51-4-2<\/a>.<\/p>\n

A recovery under subsection (a) of O.C.G.A. \u00a7 51-4-2<\/a> is not subject to any debt or liability of the decedent or of the decedent’s estate. See O.C.G.A. \u00a7 51-4-2(e)<\/a>.<\/p>\n

Ask how the agreement handles that step.<\/p>\n

Catastrophic injury cases can involve large medical bills and costs for future care. Our offices in Jonesboro, in Clayton County, and in Augusta are two places a family can meet about a Georgia claim.<\/p>\n

Questions to Ask About Fees Before You Decide<\/h2>\n

Ask our team what percentage applies at each stage. Ask what comes out before or after the fee, which expenses you pay and when, and what happens if nothing is recovered.<\/p>\n

Fault can also change the math. Under Georgia’s comparative-fault rule (O.C.G.A. \u00a7 51-12-33<\/a>; Quynn v. Hulsey (2020)<\/a>), a plaintiff’s damages are reduced by his or her percentage of fault, and a plaintiff found 50% or more at fault cannot recover. The fee and expenses then come from a smaller amount.<\/p>\n

Get the fee agreement in writing, read it before signing, and ask for a copy to keep. For context on case outcomes, see our guide on wrongful death lawsuit success rates. Results differ from case to case and cannot be predicted.<\/p>\n

What percentage do most personal injury lawyers take?<\/summary>

Most work on a contingency fee. The exact share is set in the written agreement, so there is no single number for every case.<\/p><\/details>

Do I still owe court costs if the case is not won?<\/summary>

Court costs and case expenses are separate from the attorney fee. Your written agreement explains how they are handled.<\/p><\/details>

Who gets the money in a Georgia wrongful death settlement?<\/summary>

A surviving spouse receives no less than one-third of the recovery under state law. Children share in the rest, and the recovery is not used to pay the decedent’s debts.<\/p><\/details>\n\n

\"Two<\/figure>\n

Talk Through Your Own Situation<\/h2>\n

If you’re reading this after a crash, a fall, a medical mistake or the death of someone you love, you may be looking into this for a family member. Deciding whether to sign a fee agreement is hard while you’re still dealing with an injury or a loss.<\/p>\n

You don’t have to work out the percentage, the expenses and the timing alone. Contact T. Madden & Associates, P.C. through our contact page<\/a> to ask about this firm’s own fee agreement.<\/p>\n

Responsible lawyer: Terance Madden, T. Madden & Associates, P.C. Offices in Jonesboro, Atlanta, Decatur, Macon and Augusta. This page is general information, not legal advice.<\/p>\n\n<\/article>\n