How do Car Accident Attorneys get paid?

June 3, 2026

How do Car Accident Attorneys get paid? 

From the overall settlement and about 1/3rd of it.  


The Long Answer: 


Access to Justice” is a term I have heard in the legal industry that seems to be the code word for getting legal services to people who do not have enough money to pay a lawyer. One of the great luxuries I have in my profession is that in my line of work I can help even the poorest of people get exceptional legal work on their case. That is because when we are collecting “damages” in an action at law (i.e. money for a wrong done) if I am successful, then there is a pot of money from which a person can pay me for the work I did. In almost every case we take a 1/3rd contingent fee of the settlement. This is the industry standard and considered reasonable in almost all circumstances. 


The value of structuring the attorney fee payment in this way is that whether a person is rich or poor, they can get that access to justice when they have been wronged by someone, especially when the wrong is a car crash that is the fault of another person. Some of the value in structuring the attorney fee payment this way is that it gives the attorney and the client an alignment of incentives such that they will both work together to maximize the amount that ultimately gets to the client. 



 If, in the alternative, you were to pay someone for this legal work by the hour, not only would injured people without several thousand dollars available to hire an attorney lose that access to justice, they also would have a misaligned incentive with their attorney. For example, if the attorney must bill by the hour to read through medical records, then someone with more general health issues not related to the crash would presumably have more prior medical records to read through and as a result would need to pay more money to their lawyer just to get the same legal result as a more healthy person. 


As another example, if we could get another $7,500 in a case but it would take another 10 hours of attorney work to get that result, on a contingent fee the client gets the benefit of only paying $2,500 to get another $5,000. But if that 10 hours of attorney work is billed by the hour at say $500/hr then the client only gets $2,500 and the attorney gets $5,000. By linking the value of the work done by the lawyer to the result achieved, it provides better incentives for both the client and the attorney to do good work and get a good result. 


Certainly, for other types of legal work payment by the hour makes more sense and may create a more proper alignment of incentives; but in cases where there are damages at the end of a lawsuit, I have not found a better way to align the incentives of the attorney and the client while also increasing access to justice and ensuring that meritorious cases are pursued. 


 If you have been in a car crash and are worried that you will not be able to afford to hire an attorney, you will be pleasantly surprised when you give us a call at (541)HUNKING  (541-486-5464) and see that we will do our best to get you access to justice at an affordable rate.  From the overall settlement and about 1/3rd of it. 

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