Q. What percent is the Contingent Fee?

In Personal Injury cases the general fee is 33% if your case is settled and 40% if a lawsuit is filed. In complex cases (such as Medical Malpractice), the typical fee may be 40% if your case is settled and 50% if a lawsuit is filed. In extremely complex cases, the fee might be higher. Most state Bar Associations require that you and your attorney enter into a written Employment Agreement. The agreement must set forth the Contingent Fee percentage in your case in the event of settlement, trial, or appeal, whether litigation expenses are to be deducted from the settlement funds, and if the deduction is to be made before or after the contingent fee is computed. At the closing of your case, the attorney must give you a written Settlement Statement which sets forth the funds collected, the deductions from that amount and the net amount paid to the client.