Story by Joel Berly
October 15, 2025
If you’re wondering about the cost of hiring a car accident attorney, here’s the key takeaway: most attorneys work on a contingency fee basis. This means you only pay if you win your case. Here’s a quick breakdown:
For example, if you win a $100,000 settlement with a 33% fee, the attorney would take $33,000, leaving you with $67,000 (before other expenses).
This fee structure ensures that legal help is accessible, regardless of your financial situation, and aligns your attorney’s success with your own.
Contingency fees create a "no win, no fee" agreement between you and your lawyer. This means your attorney only gets paid if they successfully recover money for you, whether through a settlement or a court verdict. If you don’t receive compensation, you won’t owe any attorney fees.
In South Carolina, contingency fees typically range from 33% to 40% of your total recovery. Most attorneys charge 33% for cases settled before a lawsuit is filed and about 40% if the case goes to trial. This setup ties your lawyer’s earnings directly to your outcome, ensuring their success depends on yours.
Many firms also use a tiered fee system. For example, they might charge 33% for pre-lawsuit settlements, 40% once a lawsuit is filed, and up to 45% if the case advances to trial or appeal. This sliding scale reflects the additional time, effort, and expertise required as the case progresses.
The attorney’s fee is taken directly from the settlement or court award. For instance, if you win a $150,000 settlement and the fee is 33%, your lawyer would receive $49,500, leaving you with $100,500 – before accounting for other case-related expenses.
Contingency fees offer more than just affordability; they provide several advantages. First, they eliminate the need for large upfront payments, making it possible for anyone to access skilled legal representation regardless of their financial situation. Second, they align your attorney’s interests with yours – since their payment depends on winning, they’re incentivized to maximize your recovery and focus on cases with strong potential.
This arrangement also shifts the financial risk to your lawyer. If your case doesn’t succeed, you won’t face a hefty legal bill. Without the stress of mounting hourly fees, you can focus on achieving a fair outcome without immediate financial strain.
To better understand how contingency fees work, let’s look at a few examples. The fee is calculated as a percentage of your total recovery, while other case-related expenses are deducted separately.
Example 1: Pre-Lawsuit Settlement
For a $75,000 settlement with a 33% contingency fee, your attorney would take $24,750, leaving you with $50,250.
Example 2: Settlement After Filing a Lawsuit
If you settle for $200,000 after filing a lawsuit (but before trial) with a 40% fee, your lawyer would receive $80,000, leaving you with $120,000.
Example 3: Trial Award
Suppose you win $300,000 at trial with a 40% contingency fee. Your attorney would earn $120,000, and you’d take home $180,000. The higher fee reflects the additional time and effort required for trial.
Knowing how these fees work can help you better plan for your potential recovery while factoring in other case-related expenses.
Car accident cases often come with additional expenses, including court filing fees, expert witness fees, medical record charges, deposition costs, and investigative expenses. Knowing what to expect can help you plan for the process and avoid surprises. These costs are usually handled by your attorney, as explained below.
In South Carolina, most personal injury law firms are structured to protect clients from upfront expenses. Typically, you won’t need to pay anything out of pocket while your case is ongoing.
Most attorneys in South Carolina advance case-related costs, such as fees for records, court filings, and expert witnesses. These expenses are later recovered from your settlement before the attorney calculates their fee. This arrangement ensures you don’t pay anything upfront, no matter how long or complex your case becomes. If your case does not result in a recovery, many firms absorb these costs as a business loss, meaning you won’t be held responsible.
Here are some common expenses that law firms typically cover:
Other expenses might include:
The total cost of your case will depend on several factors, which we’ll explore next.
A variety of factors can impact the overall expenses tied to your case. For instance, simpler cases – like straightforward rear-end collisions – tend to require fewer expert witnesses and less investigative work than complex, multi-vehicle accidents with disputed fault.
The length of your case also matters. Cases that settle quickly usually have lower costs, while those involving lengthy investigations, multiple depositions, or extensive trial preparation can become more expensive. The need for expert witnesses can vary greatly depending on the nature of your injuries and the circumstances of the accident.
For example, a case involving a traumatic brain injury might require input from specialists like neurologists, vocational rehabilitation experts, and life care planners. These professionals charge fees for reviewing records, preparing reports, and potentially testifying during depositions or at trial.
Administrative expenses can add to the total as well. This might include paralegal services, filing paperwork, or travel costs. Additional factors, like securing surveillance footage, conducting accident reconstructions, or performing engineering analyses, may also increase costs depending on the complexity of your case and the evidence needed.
Attorney contingency fees can vary widely, and several factors influence the percentage charged. Knowing these variables can help you make informed decisions when choosing legal representation and set clear expectations for your case.
One of the most important factors is the complexity of your case. For example, straightforward rear-end collisions with clear liability often have lower fee percentages. On the other hand, cases involving multiple vehicles or disputes over fault typically require more work and expertise, leading to higher fees. To give you a better idea, let’s look at the typical fee rates in South Carolina.
In South Carolina, car accident attorneys generally charge a contingency fee of 33% to 33.3% if your case is resolved before filing a lawsuit. This fee covers tasks like negotiating with insurance companies, collecting evidence, and managing communications on your behalf.
However, the fee increases if litigation becomes necessary. Once a lawsuit is filed, the contingency percentage can rise to 38% to 40% of the settlement or court award. This higher fee reflects the additional work involved, including trial preparation, depositions, court appearances, and the time investment required for litigation.
Before hiring an attorney, make sure to discuss the fee structure in detail. Specifically, ask about the percentages for pre-litigation versus trial work. It’s also crucial to get the terms in writing and clarify when the higher fee applies. Some attorneys may charge the increased rate immediately upon filing a lawsuit, while others may wait until the case actually goes to trial.
Now, let’s explore how the complexity of your case can influence these fees.
The more complex your case, the higher the fees are likely to be. Complicated cases demand more time, expertise, and resources, which can push the fee percentage toward the upper end of the standard range.
Certain factors make a case more challenging. For instance, cases involving severe injuries, multiple parties, or contested liability often require in-depth investigations, consultations with expert witnesses, and lengthy preparations. Attorneys handling these cases may need specialized knowledge in areas like medical conditions, accident reconstruction, or intricate insurance disputes, all of which take additional time and effort.
According to the American Bar Association’s Model Rule 1.5, factors such as "the experience, reputation, and skill of those performing the services" are also considered when determining reasonable fees. This means attorneys with extensive experience and proven success may charge higher percentages because of their ability to secure better outcomes.
The likelihood of success also plays a role in fee structures. Cases with clear liability may result in lower fees, while more uncertain cases – where the risk and effort are greater – often lead to higher percentages.
Finally, your attorney’s reputation and specialization can influence costs. Lawyers who focus exclusively on car accident cases and have strong networks of medical experts, accident reconstructionists, and other professionals may charge more due to their specialized resources and track record of results.
It’s worth noting that higher fees don’t always translate to higher costs for you. An experienced attorney charging 40% might secure a much larger settlement than a less experienced lawyer charging 33%. The goal is to find the right balance between cost and expertise to ensure the best outcome for your case.
When you agree to a contingency fee arrangement, it means your attorney handles every aspect of your case without requiring any upfront payments. From the first consultation to the final resolution, this fee structure ensures you won’t face unexpected charges along the way.
The contingency fee covers all stages of your case. Your attorney will start by assessing your situation, crafting a tailored strategy, and gathering key evidence like photographs, witness accounts, police reports, and medical records. If needed, they’ll bring in expert witnesses, accident reconstruction specialists, or private investigators to strengthen your claim.
They’ll also handle negotiations with insurance companies, protecting you from unfairly low settlement offers. Beyond that, they’ll prepare and file all necessary legal documents, manage court deadlines, and keep your case organized.
Should negotiations not lead to a fair settlement, your attorney will take the case to court. This includes filing lawsuits, conducting depositions, and representing you in front of a judge or jury. Every step is designed to build a strong case, which often results in better settlement terms.
The expertise and services your attorney provides directly impact the outcome of your settlement. Skilled negotiators are often able to secure higher settlements because insurance companies know that attorneys who are ready to go to trial tend to achieve better results.
Experienced attorneys also collaborate with medical experts, accident reconstructionists, and other specialists to accurately assess the full scope of your damages. This detailed approach not only highlights when settlement offers fall short but also strengthens your position during litigation, often leading to more reasonable offers from insurers.
When it comes to managing attorney costs in a car accident case, having a clear understanding of the fees involved is essential. Before signing any representation agreement, take the time to have an open discussion about the financial aspects of your case.
During your initial consultation, ask specific questions about how the attorney structures their fees. Most car accident lawyers operate on a contingency fee basis, typically taking between 33% and 40% of your settlement. However, this percentage can vary depending on the complexity of your case. Some attorneys may use a sliding scale, where the fee ranges from 25% to 33% if the case is resolved early, and increases if the case goes to trial.
It’s also crucial to clarify how case-related expenses will be handled. These costs, which might include filing fees, expert witness charges, or other expenses, can significantly impact your final recovery. Ask whether these costs are deducted before or after the attorney’s fee is calculated and when they are expected to be paid. Understanding this upfront can help you avoid unexpected financial issues later.
Once you have all the details, you may even be able to negotiate the fee percentage. For example, if your case seems straightforward or likely to settle quickly, some attorneys might be open to adjusting their rates. Attorneys often consider the strength and potential of a case when discussing fees.
However, it’s not just about finding the lowest fee. The right attorney brings experience and a proven track record, which can lead to a higher settlement. Even if their percentage is slightly higher, their expertise can result in better overall value.
Take advantage of free consultations to ensure the fee arrangement works for your situation. Addressing these financial details early will give you the confidence that your legal strategy is as solid as your representation.
If your car accident case doesn’t result in a settlement or court award, you generally won’t have to pay your attorney any fees. That’s because most car accident lawyers operate on a contingency fee basis. In simple terms, they only get paid if they win compensation for you. This setup makes it easier for you to pursue your case without worrying about upfront financial risks.
Hiring a car accident attorney on a contingency fee basis means you won’t need to pay any upfront costs. Instead, the attorney takes a portion of your settlement or court award if your case is successful. This percentage typically falls between 25% and 40%, with 33% being a common figure. The exact rate often depends on whether your case is resolved through a settlement or goes to trial.
It’s also worth noting that you might be responsible for additional costs, such as court filing fees, expert witness charges, or investigation expenses. These are usually deducted from your settlement amount. To avoid any unexpected deductions, make sure to discuss all potential fees with your attorney in advance.
The cost of hiring a car accident attorney generally involves two components: attorney fees and case-related expenses. Most attorneys operate on a contingency fee basis, which means they only get paid if you win your case. Typically, their fee is a percentage of your settlement – commonly between 25% and 40%, with 33% being the most common rate.
Beyond the attorney’s fee, there are additional expenses to consider, such as court filing fees, expert witness charges, and administrative costs. These expenses can vary and are often deducted from your settlement amount. To avoid misunderstandings, it’s crucial to have a clear discussion with your attorney about all potential costs upfront. This ensures you know exactly how these fees might affect your final compensation.
If you need experienced legal representation in Charleston, South Carolina, contact Berly Rouse. Our team is ready to help you achieve the best possible outcome. Visit our offices or call today to schedule a consultation to discuss your case.
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