San Diego Personal Injury Lawyer Contingency Fees

Most people who hire a San Diego personal injury lawyer pay nothing up front. At Hulburt Law Firm, the attorney’s fee is contingent on a recovery: if there is no recovery, there is no fee. We also advance the costs of the case, and if there is no recovery, the client does not have to repay those costs. Our fee begins at 25 percent when a case resolves before a lawsuit is filed.

The percentage can increase as the case advances because the work, expense, and risk increase. But the percentage is only one part of the calculation. Case costs and medical reimbursement claims can also affect what you ultimately receive. This guide explains when each fee tier applies, who advances the costs, how the math works, and what California law requires your written agreement to disclose.

How Much Does a Personal Injury Lawyer Cost in San Diego?

Most San Diego personal injury lawyers work on a contingency fee. You do not pay an hourly rate or an up-front retainer. Instead, the lawyer receives an agreed percentage of the recovery, and no attorney’s fee is charged if there is no recovery.

For most personal injury cases, our written agreement uses three tiers:

• 25 percent if the case settles before a lawsuit is filed.
• One-third (33⅓ percent) once a lawsuit has been filed.
• 40 percent after the first trial call.

Some unusually complex or high-risk cases may require a different fee structure. Examples include dangerous-roadway claims against public entities, product liability cases, and automotive defect cases, which may require extensive investigation, retained experts, substantial litigation costs, and years of work. In those matters, the fee may begin at one-third before a lawsuit is filed and increase to 40 percent after filing. The applicable percentages and triggering events will always be stated clearly in the written agreement before the representation begins.

A trial call is the point at which the case is called for trial and counsel must be prepared to proceed.

Some firms charge one-third from the beginning regardless of when the case resolves. A tiered agreement can leave more of an early settlement with the client because the lower percentage applies before litigation begins. Whatever structure a firm uses, the agreement should define the percentage and the event that moves the fee to the next tier.

Why Contingency Fees Increase as a Case Progresses

The tiers reflect the increasing work, expense, and financial risk required to move a case toward trial.

Before a lawsuit, the firm may investigate the incident, preserve evidence, interview witnesses, obtain medical records, evaluate insurance coverage, consult experts, and negotiate with the insurance company. Filing a lawsuit adds written discovery, depositions, subpoenas, expert disclosures, motion practice, and court appearances. By trial call, the firm has prepared witnesses and experts, developed exhibits and demonstratives, briefed evidentiary issues, and cleared its calendar for a trial that may last days or weeks.

The firm also carries a greater risk of receiving no fee despite investing substantial time and money. A contingency fee shifts that risk away from an injured client who may already be facing lost income, medical bills, and an uncertain future.

Attorney Fees and Case Costs Are Different

This distinction is important because both may be deducted from a recovery, but they pay for different things.

The attorney’s fee compensates the firm for its legal work, judgment, and risk. Case costs are expenses paid to courts, experts, vendors, and other third parties to investigate, develop, and prove the claim. In a serious injury case, those costs may include:

• Court filing and jury fees paid to the San Diego Superior Court.
• Expert witnesses such as accident reconstructionists, treating and retained physicians, life care planners, vocational experts, and economists.
• Deposition expenses for court reporters, videographers, interpreters, and transcripts.
• Medical records and imaging obtained from the providers who evaluated or treated the client.
• Investigation such as scene inspections, photography, measurements, surveillance-video preservation, public-record requests, and witness location.
• Trial exhibits including medical illustrations, animations, timelines, enlargements, and other demonstrative evidence.

Fees and costs should be listed separately. The written agreement should also explain whether costs are deducted before or after the attorney’s percentage is calculated and whether the client could ever be responsible for costs if there is no recovery.

Who Advances the Costs of a Personal Injury Case?

At Hulburt Law Firm, we do. The firm advances the costs needed to investigate and litigate the case, so the client is not billed while the matter is pending. If there is a recovery, the advanced costs are reimbursed from it. If there is no recovery, the client is not required to repay those costs.

This arrangement makes it possible for an injured person to pursue a serious case without personally funding experts, depositions, and litigation expenses. It is also one reason our firm accepts a limited number of cases: a catastrophic injury or wrongful death claim must be investigated thoroughly and funded through resolution or trial.

Example: What You Keep From a $100,000 Recovery

Assume a case settles for $100,000, the contingency fee is one-third, and the firm has advanced $10,000 in case costs:

• Gross settlement: $100,000
• Attorney’s fee at one-third: −$33,333.33
• Case costs advanced by the firm: −$10,000
• Amount remaining before medical liens or reimbursement claims: $56,666.67

That still may not be the amount the client ultimately receives. Medical liens and reimbursement claims may also have to be resolved from the settlement. For example, assume a health plan paid $18,000 for injury-related treatment and asserts an $18,000 reimbursement claim:

• Gross settlement: $100,000
• Attorney’s fee at one-third: −$33,333.33
• Case costs advanced by the firm: −$10,000
• Health plan reimbursement claim before reduction: −$18,000
• Net to client before any reduction of the reimbursement claim: $38,666.67

The amount initially claimed by a health plan is not always the amount it is entitled to recover. For reimbursement claims governed by Civil Code section 3040, California law limits the amount recoverable and requires a proportionate reduction for reasonable attorney’s fees and costs. Other liens and reimbursement claims may be governed by different statutes, equitable principles, or negotiation.

If the $18,000 reimbursement claim in this example were reduced to approximately $10,000, the client’s net recovery would increase to approximately $46,666.67.

This illustrates why resolving medical liens and reimbursement claims can be an important part of maximizing a client’s recovery. The attorney’s fee is only one of the deductions that determines what the client ultimately receives.

These numbers illustrate the calculation only. The value of any personal injury claim depends on factors such as liability, available insurance and assets, the nature and permanence of the injuries, future care needs, lost income, and the quality of the evidence. Our guide to what personal injury victims can recover in San Diego explains the major categories of damages, and our guide to when a personal injury is worth pursuing works through the severity, coverage, and deadline questions that determine whether a claim is viable at all.

What California Law Requires in a Contingency Fee Agreement

California Business and Professions Code § 6147 governs most California contingency fee agreements outside the workers’ compensation system. The statute requires the agreement to be in writing and to include several specific disclosures.

You Must Receive a Signed Copy

When the agreement is made, the attorney must provide the client with a duplicate copy signed by both the attorney and the client or the client’s authorized representative.

The Agreement Must State the Fee Rate

The contract must identify the contingency fee percentage the attorney and client have agreed upon. If the percentage changes at different stages, the agreement should clearly define each rate and its triggering event.

It Must Explain How Costs Affect the Fee and Recovery

The agreement must state how disbursements and costs will affect both the contingency fee and the client’s recovery.

It Must Address Related Matters Outside the Agreement

The contract must disclose whether the client could be required to pay the attorney for related matters that arise from the representation but are not covered by the contingency fee agreement.

It Must State That the Fee Is Negotiable

Except in claims governed by the medical-malpractice fee limits, the agreement must state that the fee is not set by law and is negotiable between the attorney and client.

A Noncompliant Agreement Is Voidable

If the agreement does not comply with § 6147, it is voidable at the client’s option. The attorney may then seek only a reasonable fee rather than automatically enforcing the stated percentage.

Professional-negligence claims against health care providers are treated differently. Business and Professions Code § 6146 generally limits the fee to 25 percent when the claim resolves before a civil complaint or arbitration demand is filed and 33 percent after filing. If the matter is tried or arbitrated, the attorney may ask the court or arbitrator to approve a higher fee for good cause. Hulburt Law Firm does not handle medical malpractice cases, but the distinction is important when comparing fee agreements.

Do Fees Vary by Type of Personal Injury Case?

For most personal injury matters, our standard fee schedule does not depend on the type of accident or injury. Some unusually complex or high-risk cases, however, require a different fee structure because they involve greater investigation, expert work, litigation expense, and financial risk.

These cases can include dangerous-condition claims against public entities, product liability cases, and automotive defect cases. For those matters, our contingency fee typically begins at one-third of the recovery and increases to 40 percent if a lawsuit is filed.

The applicable fee structure is determined at the beginning of the representation and stated in the written agreement. What often varies more significantly is the work and expense required to prove liability, causation, and damages.

• Car accidents. Most car accident cases fall under our standard fee schedule, although the work required can vary considerably. Disputed liability, serious injuries, inadequate insurance, or an unreasonable settlement offer may require litigation. Available policy limits are often a central issue. Learn what car accident victims in San Diego can recover, or speak with a San Diego car accident attorney.
• Bicycle accidents. Bicycle and e-bike cases generally follow our standard fee schedule, but they can become more complex when the collision involves roadway design, traffic controls, or a public entity. Some cases require accident reconstruction, bicycle or vehicle inspections, traffic-engineering analysis, or expert testimony. Learn more about our San Diego bicycle accident practice and the issues that can affect compensation after a bicycle accident.
• Pedestrian accidents. Pedestrian cases frequently involve serious injuries, disputed visibility or right-of-way issues, and questions about available insurance. Although the fee schedule ordinarily does not change simply because the injured person was a pedestrian, the investigation and litigation required can vary significantly. Review the potential compensation for pedestrian accident victims and our pedestrian accident practice.
• Truck accidents. Commercial truck cases can require substantially more investigation than an ordinary automobile claim, including evidence-preservation demands, electronic logging and vehicle data, maintenance records, corporate depositions, and multiple experts. They may also involve several potentially responsible parties. A San Diego truck accident attorney can explain what truck accident victims may recover.

The filing deadline does not depend on the fee tier. Many California negligence claims are subject to a two-year statute of limitations, but important exceptions apply. A claim involving a California public entity generally must first be presented within six months. Our guide to the personal injury statute of limitations in San Diego explains the major deadlines and why early investigation matters.

Questions to Ask Before Signing a Fee Agreement

A lawyer should be able to answer these questions clearly and put the material terms in writing:

1. What percentage applies at each stage, and exactly what event triggers an increase?
2. Is the fee calculated before or after case costs are deducted?
3. Who advances the costs, and could I owe any costs if there is no recovery?
4. Are any office expenses or administrative charges treated as case costs?
5. Who will identify and resolve medical liens or reimbursement claims, and is that work included in the fee?
6. Will the firm discuss significant expert or litigation expenses with me before they are incurred?
7. Who will handle my case day to day, and who will take it to trial if necessary?
8. What happens to the fee if I decide to change lawyers?

The answers should match the written agreement. If a term is unclear, ask the lawyer to explain or revise it before signing.

Can You Change Personal Injury Lawyers?

Yes. A client generally has the right to discharge an attorney and hire another lawyer. The former attorney may assert a lien for the reasonable value of work performed, usually payable from the eventual recovery rather than out of the client’s pocket while the case is pending.

In many contingency cases, the former and successor lawyers divide the attorney’s fee rather than charging the client two full fees. The new agreement should state how the former lawyer’s claim will be handled and whether changing counsel could affect the total percentage deducted from the recovery.

If a client and lawyer dispute a fee, the State Bar of California administers a fee-arbitration process. Its guide to resolving a fee dispute with your attorney explains how to request arbitration and what to expect.

How Hulburt Law Firm Can Help

Many personal injury firms charge similar contingency percentages, but they do not offer the same experience, judgment, resources, preparation, or willingness to try a difficult case. The better comparison is not the fee percentage alone. It is the quality of the representation and the net result the lawyer is capable of producing.

Conor Hulburt is a trial attorney who accepts a limited number of catastrophic injury and wrongful death cases so each one can be investigated thoroughly and funded properly. Our work is to understand the harm, uncover the truth, and pursue justice for the people we represent.

If you were seriously injured in San Diego, call 619.821.0500 or send a message through our contact form for a free, confidential case review. We will explain the contingency fee agreement, case costs, and potential reimbursement claims before you decide whether to hire us.