Personal injury guide
Personal Injury Lawyer Fees
Most injury lawyers charge a contingency fee: a percentage of the recovery, paid only if there is one. The written agreement says how costs are handled.
What it costs
No fee and no costs unless we recover
Most people hurt in an accident cannot pay a lawyer by the hour, and they should not have to. Personal injury lawyers in California usually work on a contingency fee: the fee is a percentage of the money recovered, and it is paid only if there is a recovery.
At Montanez Yu, consultations are free, and there is no fee and no costs unless we recover. Our fee is stated in a written agreement before we begin.
Fees are only part of the picture. Case costs, liens, and the work a lawyer does on the claim all affect what you take home, and each is worth understanding before you sign anything.
A free consultation is the easiest way to learn whether a lawyer would add value to your claim before you commit to anything.
This guide explains how contingency fees work, what California requires in a fee agreement, what costs are, and how to decide whether you need a lawyer at all.
1. What a contingency fee is
A contingency fee is a percentage of the recovery instead of an hourly rate, with nothing paid up front. Percentages vary from one agreement to the next and often depend on whether a case settles before or after a lawsuit is filed. The percentage is set by agreement, not by law.
2. What California requires in writing
California law requires a contingency fee agreement for an injury case to be in writing and signed by both the lawyer and the client. The agreement must state:
The fee percentage
How case costs will be handled and how they affect the fee and your recovery
Whether you could be charged for related matters the agreement does not cover
That the fee is not set by law and is negotiable
You receive a signed copy of the agreement.
3. Case costs
Costs are the out-of-pocket expenses of pursuing a claim, such as filing fees, medical records charges, deposition transcripts, expert fees, and mediator fees. Some fee agreements require a client to repay costs even when there is no recovery, so read that part closely. With us, there is no fee and no costs unless we recover. When there is a recovery, case costs are reimbursed from it, as the agreement explains.
4. What you actually take home
Your net recovery is the settlement or judgment, minus the attorney fee, case costs, and any liens owed to health insurers, Medi-Cal, Medicare, hospitals, or medical providers. Negotiating those liens down is part of our work, and every reduction increases your net. Before any money is distributed, you receive a written statement showing each payment.
5. What a lawyer does on your case
Investigates fault and preserves evidence
Identifies every insurance policy that may apply
Handles calls from adjusters
Gathers medical records, bills, and proof of lost income
Values the claim and negotiates
Files a lawsuit and takes the case through discovery when needed
Negotiates liens before you are paid
6. Is a lawyer worth it for a car accident?
A lawyer usually makes sense when:
Your injuries need more than a few doctor visits
Fault is disputed
The other driver had little or no insurance
The insurer is delaying, denying, or offering little
A government vehicle, commercial truck, or rideshare driver was involved
If no one was hurt and the only issue is car repairs, you can often handle the claim directly with the insurance company.
7. Fender benders and minor injuries
Low-speed crashes can cause real neck and back injuries, and insurers often argue that light damage means a light injury. A free consultation can help you decide whether representation makes sense. If we think you can handle the claim on your own, we will tell you.
8. Choosing a lawyer
Questions worth asking at a consultation:
Who will handle my case day to day?
How will you keep me updated?
What is the fee, and how are costs handled?
Will you file a lawsuit if the insurer will not pay fairly?
You can also confirm any California lawyer’s license on the State Bar of California website.
9. When to call
Early is better. Evidence disappears quickly, and most California injury lawsuits must be filed within two years, or within six months for a claim against a public agency. A consultation does not commit you to anything. For the stages of a case, see how long an injury case takes.
Talk with us
Montanez Yu represents people injured in car accidents, pedestrian and bicycle accidents, dog bites, and slips and falls throughout Southern California. Consultations are free. No fee and no costs unless we recover. Call (951) 444-7407 or request a free consultation, and we will explain our fee agreement before you decide anything.
This guide is general information about California law, not legal advice for your situation. Reading it does not create an attorney-client relationship.