Typical Attorney Fee Percentage in Georgia.
4/1/2025 | Written by Elliot bourne

Hiring a personal injury attorney in Georgia often raises an important question: How much will it cost? The good news for accident victims is that most personal injury lawyers work on a contingency fee basis. In this article, we’ll explain what contingency fees are and break down the typical attorney fee percentages in Georgia. We’ll also look at how fees can vary by case type – for example, workers’ compensation versus medical malpractice – and why these arrangements protect clients. Finally, we’ll emphasize transparency, the no-win, no-fee promise, and wrap up with an invitation to contact Bourne Law Firm for a free consultation..
What Is a Contingency Fee?
A contingency fee is a payment arrangement where your attorney’s fee is a percentage of the money recovered for you (through a settlement or judgment) rather than an upfront or hourly charge. In simple terms, the lawyer only gets paid if you get paid. If the attorney doesn’t win or settle your case successfully, you owe no attorney fees. This is why it’s often called a “no-win, no-fee” agreement.
Under a contingency fee, you do not need to pay anything out of pocket upfront to hire your lawyer. The attorney takes on the risk of the case. They will invest their time (and often cover case expenses like filings or expert witnesses) with the understanding that their fee will come as a percentage of the recovery. If no recovery is obtained, the client doesn’t pay attorney fees – period. This arrangement makes it possible for anyone, regardless of finances, to obtain quality legal representation after an injury.
Typical Contingency Fee Percentage in Personal Injury Cases
In Georgia personal injury cases, the typical attorney fee is around one-third of the compensation recovered for the client. In other words, if you win or settle your case, about 33% of the award would go to the lawyer as their fee, and the remaining ~67% goes to you. This one-third contingency fee is common in personal injury claims nationwide and in Georgia. It’s considered a standard rate for cases like car accidents, slip-and-fall injuries, and other straightforward negligence claims.
It’s worth noting that the standard 33⅓% fee can vary a bit. Many Georgia attorneys quote fees in the range of roughly 33% to 40% of the recovery. Factors such as the complexity of the case, the anticipated costs, and whether the case goes to trial can influence the agreed percentage. For most routine cases that settle without extensive litigation, about one-third is typical. If a case requires filing a lawsuit or goes all the way to a jury trial, there may be a slightly higher fee (for instance, 40%) to account for the extra time and risk involved. The key is that these details are discussed and agreed upon upfront with the client. You will know in advance exactly what percentage fee will apply in your case.
Examples of Fee Percentages by Case Type
While ~33% is a general benchmark, the exact contingency fee can vary depending on the type of case. Different kinds of personal injury or injury-related cases may have different typical fees or even legal limits. Here are a few examples:
-
Workers’ Compensation Cases – ~25% Cap:
- Georgia law caps workers’ comp attorney fees at 25% of the benefits or settlement. This means a lawyer cannot charge more than one-quarter of what they recover in a workers’ comp claim. This 25% cap is set by statute to protect injured workers, and it’s lower than the standard personal injury contingency fee. (By comparison, other personal injury cases often use a 33–40% fee range.) The cap ensures you, as the injured worker, keep at least 75% of your workers’ comp benefits, which provides added protection in these cases.
-
Standard Personal Injury Cases – ~33%:
- For most personal injury claims – such as auto accidents, pedestrian injuries, or slip-and-fall cases – attorneys typically charge about one-third of the recovery as their fee. This means if your lawyer recovers $90,000 for you, their fee at 33⅓% would be roughly $30,000, and you would receive the remaining $60,000 (minus any case expenses). This arrangement is common practice and is generally accepted as a fair split given that the lawyer is taking on the case with no upfront payment from the client.
-
Complex Cases (e.g. Medical Malpractice) – ~40%:
- In especially complex and high-risk cases like medical malpractice, contingency fees tend to be higher. It’s not unusual for Georgia medical malpractice attorneys to charge around 40% of the recovery or more if the case goes into litigation. Why more? These cases are riskier and very expensive to pursue – they often require expert medical witnesses, extensive investigation, and long court battles. Because the law firm might invest significant time and money (sometimes tens of thousands of dollars in expenses) with the chance of no recovery at all, a higher percentage fee is often justified. As one source explains, medical malpractice fees are higher than routine injury cases specifically because they are much riskier and demand substantially more resources to litigate. The 40% fee compensates the attorney for that added risk and effort if the case is successful.
Note: These percentages can sometimes be adjusted based on circumstances. For instance, some attorneys use a sliding scale – they might charge 33% if a case settles early, but increase to 40% if the case goes to trial or appeal due to the extra work involved. Always discuss the fee structure with your lawyer. Reputable attorneys will explain in advance if a higher percentage could apply in certain scenarios of your case.
No Win, No Fee – How Contingency Fees Protect Clients
Contingency fee arrangements are designed with client protection in mind. The “no win, no fee” structure means that as an injured client, you face no financial risk in pursuing a claim. If your attorney fails to secure a settlement or verdict for you, you owe nothing in attorney fees – this encourages lawyers to be honest about the strength of your case and to work diligently on your behalf. It also prevents you from going into debt to pay legal bills if your case doesn’t succeed. In short, the lawyer’s interests are aligned with yours: they only get paid when you get paid.
Beyond the no-fee promise, contingency agreements promote transparency and fairness. Georgia has rules in place to protect clients in these arrangements. For example, Georgia law requires that a contingency fee agreement must be in writing and clearly spell out the terms. The contract will state the exact percentage the attorney will take if the case is won or settled, and it will outline how legal expenses are handled. This way, you know from day one what to expect. You won’t get surprise fees later because everything — the lawyer’s percentage and any potential case costs — is documented in the agreement you sign.
Clients should also know that attorneys’ fees in Georgia must be reasonable. Ethical rules prohibit lawyers from charging excessive or unconscionable fees. Factors like the complexity of the case and the typical rates for similar services are considered to ensure a fee is fair. In practice, this means the common contingency percentages (33%-40% depending on case type) are generally accepted as reasonable under Georgia law. The built-in cap for workers’ comp cases is another safeguard ensuring the fee can’t go above 25% in those claims.
Note: Never feel pressured to sign a contingency fee agreement without fully understanding it. If you have questions about the fee structure or how it works, ask your attorney for clarification. A reputable lawyer will be happy to explain the terms and ensure you are comfortable with the arrangement before moving forward. Moreover, most attorneys will offer a free initial consultation to discuss your case and the fee structure, so you can make an informed decision without any obligation.
Contact Bourne Law Firm for a Free Consultation
Facing a serious injury can be overwhelming, but worrying about attorney fees shouldn’t add to your stress. At Bourne Law Firm, we believe in complete transparency and putting clients first. We charge an industry-standard contingency fee of one third (33%) of the recovery in personal injury cases.
Our contingency fee arrangement means you pay nothing upfront and absolutely no attorney fees unless we win compensation for you. We will clearly explain our fee percentage (typically around one-third in most cases) and answer all your questions, so you can make an informed decision with confidence.
If you or a loved one has been injured in Georgia and you’re considering legal action, don’t hesitate to reach out. We offer a free consultation to evaluate your case and discuss how we can help. There’s no obligation, and you won’t pay a dime unless we successfully recover money for you.
Contact Bourne Law Firm today to talk with an experienced personal injury attorney about your rights and options. Let us handle the legal burdens while you focus on healing. With our no-win, no-fee promise, you have nothing to lose and everything to gain by getting the legal help you deserve. Reach out now to schedule your free consultation and let us fight for the compensation you are entitled to.