Hi, my name is David Gammill — injury lawyer.
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By David Gammill · Last reviewed: August 21, 2026
A personal injury lawyer in Torrance costs nothing upfront. Nearly all California injury lawyers, including our firm, work on a contingency fee: the fee is a percentage of what the lawyer recovers for you, paid out of the settlement or verdict, and only if you win. California law requires the whole arrangement to be in writing and signed before the work starts. This page explains the percentages you should expect, the difference between fees and case costs, what happens if you lose, and the red flags that should send you elsewhere.
A contingency fee ties your lawyer’s payment to your result. The firm takes on your case, advances the work, and gets paid a percentage of what it recovers for you. If there is no recovery, there is no fee. The model exists so that a person facing an insurance company’s lawyers does not need savings to hire their own; we explain whether the model fits your situation in our full guide, No Win No Fee Explained: Is a California Contingency Fee Agreement Right for You?
There is no statewide fee schedule for ordinary injury cases; the percentage is negotiated between you and the lawyer, and California law requires the agreement to say so. In the Southern California market, the tiers generally track how far the case has to go:
| Case stage | Typical fee range (market practice) |
|---|---|
| Settles before a lawsuit is filed | 25% to 35% |
| After a lawsuit is filed | 35% to 40% |
| Through trial or appeal | Up to 40% to 45% |
The tiering is not arbitrary. A case that resolves in months of negotiation takes a fraction of the firm’s work that a two-year litigation with expert discovery and trial takes, and the fee scales with that work. One narrow exception exists in California: fees in medical malpractice cases are capped by a separate statute, Business and Professions Code § 6146, a practice area our firm does not handle.
Two different things come out of a settlement. The attorney fee is the percentage that pays for the legal work. Case costs are the out-of-pocket expenses of building the case: court filing fees, medical records, deposition transcripts, investigators, and expert witnesses. In most California injury cases the firm advances all of these costs while the case is pending, and they are repaid out of the recovery at the end. In a serious case, costs are real money: expert-heavy litigation can run into the tens of thousands of dollars, which is exactly why firms, not clients, carry them.
Here is the arithmetic on a straightforward example, using a $100,000 settlement, a 33% fee, and $5,000 in advanced costs. Fee: $33,000. Costs repaid: $5,000. Client’s net recovery: $62,000, before any medical liens are resolved. Lien negotiation, getting medical providers and health insurers to accept less than they billed, is part of the job and often changes the net more than the fee percentage does.
One more question worth asking any firm: is the fee calculated on the gross recovery, or on the recovery after costs are deducted? On the same $100,000 example, a 33% fee calculated after the $5,000 in costs come off is $31,350 instead of $33,000, which leaves the client $1,650 more. Neither method is improper; California law simply requires your written agreement to say how costs affect the fee and your recovery, so read that clause before you sign.
Business and Professions Code § 6147 sets the ground rules for every California contingency fee contract. The agreement must be in writing and signed, and you must be given a copy. It must state the fee rate you agreed to, explain how costs will affect the fee and your recovery, state what you could owe for related matters not covered by the agreement, and, for ordinary injury cases, state plainly that the fee is negotiable, not set by law. An agreement that fails these requirements is voidable at your option. These are not technicalities; they are the checklist for reading any fee agreement put in front of you.
With our firm, no recovery means no attorney fee. Case costs are the question to ask any firm about: some absorb them in a loss, others reserve the right to be repaid. California law requires the written agreement to spell out how costs are handled, so the honest answer is always the one in writing. Ask for it before you sign, and walk away from any firm that will not put it in plain terms.
If a fee dispute ever does arise with any lawyer, California’s State Bar runs a Mandatory Fee Arbitration program that resolves them outside of court.
The honest version of this pitch is about leverage, not multipliers. An insurer negotiating with an unrepresented person prices the claim knowing no trial is coming. A represented claim is priced against the risk of litigation, the full documentation of damages, and negotiated liens. Whether that difference outweighs the fee depends on your case, which is exactly what a free consultation is for. Timing matters too: most California injury lawsuits must be filed within two years under CCP § 335.1, the two-year statute of limitations, and the evidence that drives settlement value fades much faster than that.
Can I negotiate the percentage?
Yes. California law requires ordinary injury fee agreements to state that the fee is negotiable. Whether a firm will move depends on the case, but you are always entitled to ask.
Do I pay anything while the case is pending?
In the standard arrangement, no. The firm advances the costs and is paid at the end, out of the recovery.
What is a lien, and why does it matter to my net?
Medical providers and health insurers often have a right to repayment from your settlement. Negotiating those liens down is part of the representation, and it directly increases what you take home.
How do I check out a lawyer before hiring?
Look the attorney up on the California State Bar’s license search, which shows license status and any discipline history.
The only fee quote that matters is the one in writing, for your case. Get your free case evaluation or call 310-750-4149, and see our Torrance personal injury attorney page for how we handle cases from intake to resolution. There are no upfront legal fees; a fee is collected only if we win, under a written contingency fee agreement that complies with California law.
Disclaimer: This article is educational and informational in nature. It does not constitute legal advice for any specific situation, and reading it does not create an attorney-client relationship. Every case turns on its own facts, and no result is guaranteed; consult a licensed California attorney about your own circumstances.
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Hi, my name is David Gammill — injury lawyer.
