How Much Do Lawyers Take From a Car Accident Settlement in San Antonio, Texas?

Money feels tight after a crash. Hospital bills arrive before the car is even out of the shop. Paychecks shrink. And then a big question hits: how much does an auto accident lawyer in San Antonio take from a settlement? The honest answer matters, because the fee structure affects the net amount a client takes home.

This guide explains typical attorney fees for car accident cases in San Antonio, what those fees cover, and how expenses work. It also shows where fees can change based on case type, timing, and results. The goal is simple: give clear numbers, explain the trade-offs, and help injured drivers and passengers decide what works best for them.

The standard fee structure in San Antonio car accident cases

Most auto accident lawyers in San Antonio use a contingency fee. That means the fee is a percentage of the recovery. If there is no recovery, there is no attorney fee. The percentage often falls within a common range:

• 33 to 40 percent for most car accident cases

That range is wide for a reason. A quick claim with clear liability and modest medical bills might resolve on the lower end, often near one-third. A claim that needs a lawsuit, depositions, and a trial normally sits higher, often at 40 percent. Many agreements use a sliding scale, which is fair to both sides and tied to workload and risk.

A typical San Antonio example looks like this:

• 33 and 1/3 percent if the case settles before filing a lawsuit
• 40 percent if the lawyer files suit or proceeds to trial

Those numbers are not universal, but they reflect common practice across Bexar County personal injury firms.

Why the percentage changes as the case progresses

The work grows as a case moves from claim to lawsuit. Early resolution fits a file with clean facts: clear fault, strong medical documentation, and a willing insurer. If the adjuster denies liability or undervalues the claim, the lawyer prepares for litigation, which adds time and cost.

Here is what often shifts the percentage to the higher tier:

• Filing the petition and serving the defendant
• Written discovery and depositions
• Retaining medical or crash experts
• Hearings and motion practice
• Trial preparation and presentation

Every step takes hours and out-of-pocket expenses. The higher percentage reflects that risk and investment. It also prices in the chance of a defense verdict, which is rare but possible.

What the fee covers, in plain terms

That percentage is not just for phone calls and a demand letter. It covers case strategy, evidence gathering, and advocacy. In San Antonio car accident claims, a contingency fee usually includes:

• Case evaluation, legal research, and valuation
• Communication with insurers and defense counsel
• Medical record collection and analysis
• Demand package development with supportive evidence
• Negotiation and follow-up, often through several rounds
• If in litigation, discovery, depositions, and trial work

So clients pay for judgment calls born from local experience. For example, a lawyer might advise treating with a specific orthopedic group because the group documents causation clearly, which matters with insurers that often dispute preexisting conditions. That practical guidance shapes outcomes.

Costs and expenses: what to expect beyond the fee

Attorney fees differ from case expenses. Expenses are the hard costs the firm pays to push the case forward. Most auto accident lawyer San Antonio agreements require the client to reimburse those costs from the settlement. Common expenses include:

• Medical record charges and bills
• Filing fees and service of process
• Expert fees, including doctors and crash reconstructionists
• Deposition transcripts and videographer fees
• Mediation fees

For many soft-tissue car accident claims that settle before suit, expenses might run a few hundred dollars to a few thousand, often landing in the 300 to 1,500 dollar range. For litigated cases with depositions and experts, expenses can grow to 5,000 to 25,000 dollars or more, depending on complexity.

Lawyers usually front these costs, then recover them from the final settlement. The retainer agreement should say whether expenses are deducted before or after calculating the attorney fee. This small clause affects the net.

Here is why that matters. Assume a 100,000 dollar settlement with 10,000 dollars in expenses and a 33 and 1/3 percent fee.

• If the fee is calculated before subtracting expenses, the fee equals 33,333 dollars, and the 10,000 dollars in costs come out after that.
• If the fee is calculated after subtracting expenses, the fee is 33 and 1/3 percent of 90,000 dollars, which equals 30,000 dollars.

A difference like that adds up. It should be clear in writing at the start.

A quick San Antonio example with hard numbers

Picture a rear-end collision on Loop 410 near the San Pedro exit. Liability is clear. The injured driver completes physical therapy, misses two weeks of work, and has 18,000 dollars in medical bills. The lawyer negotiates a 65,000 dollar settlement without filing suit. The fee is 33 and 1/3 percent, and itemized expenses total 750 dollars.

• Attorney fee: 21,666.67 dollars
• Expenses: 750 dollars
• Medical bills and liens to be paid: often reduced through negotiation, say down to 12,000 dollars
• Client net: about 30,583.33 dollars

Now change one variable. The insurer disputes a prior back issue and offers 20,000 dollars. The lawyer files suit, deposes the adjuster and treating doctor, and the case settles for 95,000 dollars before trial at a 40 percent fee with 6,000 dollars in costs.

• Attorney fee: 38,000 dollars
• Expenses: 6,000 dollars
• Medical bills, reduced to 15,000 dollars
• Client net: about 36,000 dollars

The litigated case cost more, but the net improved. These are not promises, just realistic scenarios that show how fees, costs, and results interact.

How Texas law and local practice shape fees

Texas permits contingency fees in personal injury matters, and San Antonio firms follow that standard. The State Bar requires written agreements for contingency fee cases. That agreement should state the percentage, the scope of work, and how expenses are handled.

Local medical providers and health insurers also play a role. Methodist Healthcare, Baptist Health System, University Health, and other networks may place liens or file notices for repayment. Medicare, Medicaid, military plans, and private health insurers often have subrogation rights. A good auto accident lawyer San Antonio team deals with those liens, seeks reductions where allowed, and documents every step. The better the reduction, the higher the client net, even with the same fee percentage.

Do car accident lawyers charge hourly in San Antonio?

For injury cases, hourly billing is rare. Hourly billing shifts risk back to the client. The contingency model aligns incentives: the lawyer invests time and resources and gets paid when the client gets paid. That said, if a case only needs a short consult or a narrow service, hourly billing can appear, but that is unusual for full-scope representation in car accident claims.

What about free consultations?

Most San Antonio car accident lawyers offer free consultations. That meeting is the place to ask hard questions about percentages, expenses, liens, and take-home amounts. It is also the time to gauge fit. Clients should leave with a copy of the proposed fee agreement before signing, read it at home, and request any changes or clarifications.

Are contingency fees negotiable?

Sometimes. Factors that may influence a discussion include:

• Clear liability and strong medical records
• High policy limits with minimal coverage disputes
• Early settlement likelihood based on adjuster stance
• Whether multiple clients are represented in the same crash

Even when a fee is firm, clients can ask for clarity on expense handling, lien reduction approach, and when and how the lawyer updates them on new costs.

Sliding scales, caps, and special case types

Some firms use a sliding scale with three steps rather than two, for example:

• 33 and 1/3 percent before suit
• 38 percent after suit is filed
• 40 percent if the case is set for trial or goes to trial

Caps sometimes appear in catastrophic cases with high value. For example, a firm may cap the fee at a fixed amount over a threshold to maintain a reasonable client net. These details vary and depend on the law firm’s internal policies and the risk profile of the case.

If a crash involves a government entity, such as a San Antonio city vehicle or VIA bus, the Texas Tort Claims Act applies. These claims have special notice rules and damages caps. The legal work can be more involved, and the fee structure may reflect that. The same applies to rideshare crashes with Uber or Lyft, or commercial vehicle collisions where federal regulations and motor carrier insurance issues come into play.

How medical liens and subrogation affect the client’s net

The gross settlement is only part of the picture. After the fee and costs, liens and medical bills must be resolved. Here is where legal strategy makes a visible difference.

• Hospital liens: Under Texas law, hospitals can file liens in accident cases. A San Antonio lawyer will review the lien for accuracy, dates, and covered services. Errors occur, and corrections save money.
• Health insurance subrogation: Plans often ask for repayment. ERISA plans can be strict. Others allow equitable reductions for attorney fees and costs. Knowing which is which matters.
• Provider balances: If a provider treated on a letter of protection, the lawyer negotiates those balances at resolution. Good documentation and medical narratives help.

A practical note: early medical choices shape later lien negotiations. Clients should talk with their lawyer before agreeing to procedures, changing providers, or signing any new financial forms at a clinic.

What a client should ask before signing a contingency fee agreement

A short, focused checklist helps make a smart choice:

• What is the fee percentage before and after filing suit, and when does the higher rate start?
• Are case expenses deducted before or after calculating the fee?
• How often does the firm update clients on offers, expenses, and liens?
• Who handles lien reduction, and does the firm charge extra for that work?
• If the recovery is lower than expected, how does the firm approach fee reductions to protect the client’s net?

Clear answers up front set the tone for the case.

How an auto accident lawyer in San Antonio adds value beyond the fee

A client wants a fair net, not just a headline settlement number. Good legal work targets three levers: maximize the gross result, control expenses, and reduce liens. Here is how that shows up day-to-day in Bexar County cases:

• Building a clean medical story: Strong records beat guesswork. Lawyers help clients communicate symptoms, work restrictions, and progress to doctors in a way that links injury to the crash.
• Timing the demand: Filing a demand too early, before the full medical picture develops, can lower value. Waiting too long can slow down recovery. Judgment here matters.
• Using local data points: Adjusters remember prior verdicts and known plaintiff firms. Local outcomes on similar injuries influence offers. So does the reputation for taking cases to trial when needed.
• Managing expectations: Overshooting a number can break a deal. Undershooting can leave money on the table. A grounded case valuation gives better odds for a strong, timely settlement.

These moves do not show up as line items on a bill, but they are the reasons contingency work makes financial sense for many clients.

What happens if there is no recovery?

With a contingency fee, there is no attorney fee if there is no recovery. Expenses depend on the agreement. Some firms waive expenses if there is no recovery. Others request reimbursement. The written contract will control. Clients should ask for this in plain terms during the consult.

Local insight: common insurer behaviors in San Antonio

Insurers active in San Antonio often push two arguments: preexisting conditions and low property damage equals low injury. Both can be answered with precise medical documentation and photos that show crash dynamics. For example, a bumper can flex and absorb energy, so low visual damage does not always mean a low-force impact. Treating doctors can explain why symptoms flared after the crash even if the patient had prior mild issues. A lawyer familiar with Bexar County adjusters knows which evidence moves the needle.

How fast do settlements happen?

Timelines vary. Simple claims can settle within two to four months after medical discharge. If the case enters litigation, nine to eighteen months is common, depending on court settings and discovery. The fee percentage alone should not drive the choice to settle early. A few extra months, paired with stronger documentation, can raise the net more than the difference in fee percentage.

Reducing surprises at the end

Clients get frustrated by last-minute deductions. The way to avoid that is steady communication. In a well-run case, clients receive periodic updates that show the current offer, projected fee, estimated expenses, and current lien totals. That running ledger keeps expectations aligned. By the time the car accident attorneys for injury settlement arrives, the client already knows the approximate net.

When to call an auto accident lawyer in San Antonio

Call early if:

• An adjuster pressures for a recorded statement right away
• The crash involved a rideshare, commercial vehicle, or government unit
• You feel pain that worsens over days, which often happens with soft-tissue injuries
• Medical bills or lien letters start to stack up
• The insurer blames prior injuries or downplays the property damage

An early call does not lock a client into anything. It just protects options and lets someone handle the moving parts while the client heals.

Bottom line on fees and value

Most San Antonio car accident cases use a contingency fee between 33 and 40 percent, with costs deducted from the settlement. The percentage usually rises if the case requires a lawsuit. The real measure is the client’s net. Strong case building, savvy timing, and effective lien reductions can raise that net more than a small difference in percentage points.

If someone needs an auto accident lawyer San Antonio residents trust with these cases, a short consultation can clarify the numbers for that specific situation. Bring medical bills, photos, the police report number if available, and any letters from insurers. A clear plan and a transparent fee discussion make the road ahead feel manageable.

This article provides general information and is not a substitute for legal advice; consult with experienced lawyers for personalized guidance Attorney Advertising: The information contained on this page does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.