Setareh Law
June 9, 2026
When you’re hurt in an accident, the thought of adding legal bills on top of medical expenses can feel impossible. Most people don’t realize that personal injury claims in California are typically handled on a contingency fee basis, which means you pay nothing upfront and nothing at all unless your attorney recovers compensation for you. But knowing that the arrangement exists and understanding how it actually works when money changes hands are two different things.
At Setareh Law, we handle every case on a contingency fee basis because we believe legal help should be available to anyone, regardless of their financial situation. With over 60 years of combined experience and more than $250 million recovered for clients across California, our attorneys are invested in your outcome from day one. Here’s a clear breakdown of how contingency fees work, how they’re calculated, and what happens to your money when a case resolves.
What Is a Contingency Fee Agreement?
A contingency fee agreement is a contract where your attorney’s payment depends on winning your case. If no money is recovered, you owe no attorney fees. If your attorney does recover compensation, their fee is a pre-agreed percentage of that amount. This model is sometimes called “no win, no fee,” and it’s the standard payment structure for personal injury law throughout California.
Under California Business and Professions Code § 6147, every contingency fee agreement must be in writing, signed by both the client and the attorney, and a copy must be given to the client at signing. The agreement cannot state a fixed percentage required by law because California does not cap personal injury contingency fees. The rate is negotiable, and full disclosure of the fee structure is required before you sign anything.
How Fees Are Calculated in California
Most personal injury attorneys in California charge between 33% and 40% of the total recovery, with the percentage often tied to how far the case goes:
- Pre-lawsuit settlement: typically 33.3% of the total recovery
- After a lawsuit is filed: often 35% to 40%
- Cases that proceed to trial: often 40%
The exact percentage in your agreement is what matters. One detail that significantly affects your take-home amount is whether the fee is calculated on the gross recovery (before case costs are deducted) or the net recovery (after costs are subtracted first). Ask this question directly before signing. On a $100,000 settlement with $5,000 in costs and a 33% fee, the gross method produces a $33,000 attorney fee and leaves you $62,000 before liens. The net method subtracts costs first, producing a $31,350 fee and leaving you $63,650. That difference matters.
What Costs Are Separate From the Attorney’s Fee?
The contingency fee covers your attorney’s time and legal work. Separate case expenses advanced by the firm are typically reimbursed out of your settlement when the case closes. Common costs include court filing fees, medical records, deposition transcripts, expert witness fees, investigators, and accident reconstruction consultants. Your fee agreement should explain clearly when these are deducted and what happens to costs if the case is unsuccessful.
At Setareh Law, we advance all case costs. If we don’t recover compensation for you, you owe nothing, including those expenses.
How Your Settlement Is Distributed
When your car accident or injury case resolves, settlement funds are distributed in a specific order. Medical providers who treated you on a lien basis, health insurers, and government programs like Medicare may have legal rights to reimbursement from your settlement before you receive your share. After those liens are satisfied, the attorney deducts the contingency fee and any advanced costs. What remains is your net recovery.
For example, on a $100,000 settlement with a 33% fee, $5,000 in costs, and $15,000 in medical liens, you would receive $47,000. Your attorney is required to provide a written settlement statement showing the full breakdown before you accept any offer, so you can see exactly where every dollar goes.
How Fees Work in Truck and Wrongful Death Cases
Contingency fees apply across all personal injury case types in California, including truck accidents and wrongful death claims. More complex cases, such as those involving commercial carriers or multiple liable parties, may carry a higher contingency percentage because the workload, timeline, and litigation risk are greater. Wrongful death cases follow the same percentage structure, though the distribution of any recovery is governed by California’s specific wrongful death statutes, which allocate compensation among eligible family members.
Work With Setareh Law on a Contingency Fee Basis
The attorneys at Setareh Law have spent decades fighting for injury victims throughout California, handling every case with the same commitment regardless of its complexity. We have eight office locations and offer home visits for clients who cannot travel, so accessibility is never a barrier to getting help.
If you or a family member has been injured and you want to understand what a case may be worth, contact us today for a free consultation. You pay nothing unless we recover compensation for you.
