A Boston car accident lawyer typically charges about 33⅓% to 40% of the money recovered, rather than billing by the hour. Most injury lawyers use a contingency fee, so you generally do not pay an attorney fee upfront. The lawyer is paid only if the case produces a settlement or court award. The percentage, case expenses and payment terms must appear in a written fee agreement.
Reviewed:
Boston Car Accident Lawyer Costs at a Glance
| Cost | What is common |
|---|---|
| Attorney fee | Approximately 33⅓% to 40% of the recovery |
| Upfront attorney fee | Usually $0 in a contingency-fee injury case |
| Payment if there is no recovery | Often no attorney fee, although expenses may be handled separately |
| Case expenses | Medical records, filing fees, service, investigators, experts and depositions |
| Written agreement | Required for a Massachusetts contingent-fee arrangement |
| Main cost difference | Whether the percentage applies before or after expenses, and whether the case reaches litigation |
The 33⅓% to 40% range is commonly published by Boston-area firms. It is not a mandatory Massachusetts fee schedule. Massachusetts professional-conduct rules require contingent fees to be reasonable and require the agreement to explain how the percentage and expenses will be calculated.
How Much Would the Lawyer Receive From a Settlement?
The attorney fee depends on the recovery and the percentage stated in the contract.
| Recovery | 33⅓% attorney fee | 40% attorney fee |
|---|---|---|
| $30,000 | $10,000 | $12,000 |
| $50,000 | $16,667 | $20,000 |
| $100,000 | $33,333 | $40,000 |
| $250,000 | $83,333 | $100,000 |
These figures show the attorney fee only. Medical bills, health-insurance reimbursement claims, case expenses and other liens may reduce the amount you receive.
What Does a Contingency Fee Mean?
A contingency fee gives the lawyer an agreed percentage of the money recovered through a settlement, judgment or other resolution. A Boston personal injury firm may advance certain case expenses and seek reimbursement from the recovery. The written agreement determines whether you owe those expenses if the case produces no recovery.
For example, a $100,000 settlement with a 33⅓% fee could produce this initial calculation:
- Gross recovery: $100,000
- Attorney fee: approximately $33,333
- Balance before expenses and medical claims: approximately $66,667
The $66,667 is not necessarily the amount you receive. Case expenses and valid medical or insurance claims may be deducted separately.
Are Case Expenses Included in the Lawyer's Percentage?
Case expenses are separate unless the fee agreement says otherwise. They may include:
- Medical records and medical-report fees
- Accident investigations and photographs
- Court filing and service fees
- Deposition and court-reporter charges
- Expert-witness fees
- Accident reconstruction and other technical evaluations
- Postage, copying and administrative costs
The key question is whether expenses are deducted before or after the attorney fee is calculated.
Example: Expenses Deducted After the Fee
- Settlement: $100,000
- Attorney fee at 33⅓%: $33,333
- Case expenses: $5,000
- Estimated balance before medical claims: $61,667
Example: Expenses Deducted Before the Fee
- Settlement: $100,000
- Case expenses deducted first: $5,000
- Fee calculated on $95,000 at 33⅓%: $31,667
- Estimated balance before medical claims: $63,333
In this example, deducting expenses before calculating the fee leaves the client with $1,666 more. Massachusetts Rule of Professional Conduct 1.5 requires the contingent-fee agreement to state whether expenses are deducted before or after the attorney fee is calculated.
Can the Percentage Increase if the Case Goes to Court?
Yes. Some contingency agreements use one percentage for a pre-lawsuit settlement and a higher percentage after the lawyer files a lawsuit, takes depositions or tries the case. Other lawyers use one percentage at every stage.
Ask these questions before signing:
- What percentage applies if the claim settles before a lawsuit?
- What percentage applies after a lawsuit is filed?
- What percentage applies after trial or on appeal?
- Is the fee calculated on the gross settlement or after expenses?
- Are medical bills and insurance liens deducted separately?
- Do I owe expenses if the case is unsuccessful?
- Could I owe fees or expenses if I end the attorney-client relationship?
Massachusetts rules require the written agreement to identify the percentage or percentages that apply and explain the client's responsibility for litigation expenses.
Is There a Free Consultation?
Many Boston car accident firms advertise free initial consultations or case reviews. A free consultation does not mean the representation itself is free. Review the contingency percentage and expense terms before signing a representation agreement.
What Massachusetts Requires in the Fee Agreement
Massachusetts requires a contingent-fee agreement to be in writing and signed by the lawyer and client. The agreement must:
- Identify the claim
- Explain the contingency
- State the percentage or calculation method
- Describe how litigation expenses will be paid
- Address potential fees and expenses if the representation ends before the case concludes
At the end of a contingent-fee matter involving a recovery, the lawyer must provide a written statement showing the outcome, the amount paid to the client and how that amount was calculated.
How to Compare Boston Car Accident Lawyers by Cost
Do not compare firms by percentage alone. Review the entire written arrangement, including:
- The contingency percentage at each stage
- Responsibility for case expenses
- Whether expenses come out before or after the fee
- Experience with serious injury, wrongful death and disputed-fault claims
- Communication and case-management practices
- How the lawyer handles medical liens and insurance reimbursement claims
- Whether another lawyer or firm may share the fee
The Boston Bar Association's Lawyer Referral Service connects people with attorneys handling personal injury and insurance claims throughout Greater Boston and Massachusetts.
Bottom Line
For a Boston car accident injury claim, expect the attorney fee to be roughly one-third to 40% of the recovery, plus case expenses and any medical or insurance claims that must be paid. Before hiring a lawyer, confirm two terms in writing: whether the percentage changes when litigation begins and whether expenses are deducted before or after the fee is calculated.