One of the most common questions our personal injury law firm receives is “How much will my case cost?” Often, there is not a specific number that our personal injury lawyers can give you right away because the answer is complicated and every case is different. The fee may depend on several factors. Below, we discuss everything you need to know about personal injury fees.
Contingency Fee Explained
At Stewart Law Offices, we handle personal injury cases on a contingency fee basis. This arrangement lets us provide experienced legal support to clients without charging them any fees upfront. Payment for our time and services is only due upon your recovery. So, if there is no recovery, there is no fee.
Our fees are paid as a percentage of any recovery we make on your behalf. For example, if we charge a contingency fee of one-third and we recover $100,000 for you, our contingency fee would be $33,333. We are then reimbursed for any money our firm paid for costs on your behalf, such as filing fees, court reporter fees, or expert witness fees.
While you might be worried about the cost of hiring a personal injury lawyer, remember that you do not have to pay anything upfront. If we do not recover money on your behalf, you will not owe money for any attorney fees. Additionally, we will explain how we can maximize your personal injury settlement so that more money is left in your pocket at the end of your case. This arrangement lets you get the benefit of experienced legal representation while minimizing any financial risk on your part.
We also discuss our fee agreements to prospective clients during our no-cost, no-obligation initial consultation.
Contingency Fee Percentages in North and South Carolina Personal Injury Cases
According to the American Bar Association guidelines and recent data from 2024–2025, contingency fees in personal injury cases (including car/truck accidents) typically range as follows:
Standard Percentage Ranges
- 25% to 40% of the total recovery (the most common range in both states).
- 33⅓% (one-third) is the most standard percentage for straightforward cases settled before a lawsuit.
- Some attorneys charge up to 40% (or occasionally higher in complex cases), though this is less common and must remain reasonable under ethics rules.
Factors Affecting the Percentage
- Whether the case settles before filing a lawsuit (lower percentage, often 33⅓%).
- Whether the case goes to trial (a higher percentage, often 40%).
- The complexity and risk level of the case.
- The amount of time and resources required.
- Whether appeals are necessary.
- The attorney’s experience and track record.
In South Carolina and North Carolina, no statute caps contingency fees for most personal injury cases. Fees must remain reasonable under Rule 1.5 of each state’s professional conduct standards, and all agreements must be written, signed, and detail percentages, expenses, and handling procedures.
Rules For Setting Fees
South and North Carolina personal injury lawyers must follow specific rules for setting their fees, known as the Rules of Professional Conduct and established by the state bar. These rules describe types of fee arrangements, what types of fees can be collected, and how they are collected. They also set out factors that should be considered in setting attorney fees, such as:
- The lawyer’s skill and experience
- The novelty or difficulty of the issues involved
- The complexity of the case
- What other attorneys in the area charge for similar services
- How long are the rendered legal services expected to take
- Whether taking the case will preclude the lawyer from taking other cases
- The amount involved and the results obtained
- The time constraints involved
- The nature and length of the professional relationship with the client
- The lawyer’s reputation, experience, and ability
- Whether the fee is fixed or contingent
A lawyer may charge a different amount based on how the case is ultimately resolved. For example, if a case is resolved through an injury case settlement, there may be a lower fee than if the case involves a personal injury lawsuit because litigation can be more complex and time-consuming.
Why Contingency Fees Benefit Injury Victims
Equal Access to Justice
For most injury victims, the financial burden of hourly attorney fees is prohibitive, especially when facing medical bills and lost wages. Contingency fees remove this barrier, ensuring that anyone can hire excellent legal representation regardless of their current financial status.
Motivation and Alignment of Interests
When your attorney only gets paid if you win, their interests are perfectly aligned with yours. The more compensation they recover for you, the more they earn. This incentivizes them to:
- Work diligently on your case
- Pursue maximum compensation
- Reject lowball settlement offers
- Take your case to trial if necessary
No Risk to You
If your case doesn’t result in recovery, you owe nothing in attorney fees. This zero-risk arrangement means you can pursue justice without fear of ending up in debt.
Higher Net Recovery
Studies show that injury victims represented by attorneys recover significantly more compensation than those who handle claims themselves, even after paying attorney fees. According to insurance industry data, represented claimants receive settlement offers 3.5 times higher on average than unrepresented claimants.
Contact Stewart Law Offices Today
At Stewart Law Offices, we believe in transparency in our representation and fee structure. We put all fee agreements in writing and can also discuss them during your initial consultation. Contact us today to learn more and to speak with a knowledgeable South Carolina personal injury lawyer or North Carolina personal injury lawyer about your case.