How Much Do Lawyers Take From a Car Accident Settlement in Texas? A Clear Guide for Injured Drivers

Most injured drivers ask the same question before hiring a lawyer: what percent will a lawyer take from my car accident settlement? It is a fair question. Money is tight after a crash. Medical bills show up fast. Missed paychecks create stress. And the idea of paying a lawyer can feel like a risk.

Here is the simple truth for Texas cases, including San Antonio. Most San Antonio car accident lawyer fees follow a contingency model. That means the firm only gets paid if it wins money for the client. The fee comes from the settlement or verdict, not out of pocket. No recovery, no fee. Within that model, the percentage can shift based on the stage of the case, the risk, and the work involved. Clear terms help drivers make sound decisions.

This guide breaks down typical fee ranges, why the percentage changes, what costs are, how liens and medical bills get handled, and how to compare offers from different firms. The goal is clarity, so drivers can choose help with confidence and move forward.

Typical contingency fees in Texas car accident cases

In most Texas personal injury cases, contingency fees usually fall in these general ranges:

• 33 to 36 percent if the case settles before a lawsuit is filed.
• 38 to 40 percent if a lawsuit is filed and the case moves through discovery.
• Up to 40 to 45 percent if the case goes to trial or appeal.

These are common, not fixed by law. Some firms charge lower percentages for early settlements. Others may adjust based on the risk, complexity, and expected costs. In San Antonio, the most common starting point sits around one-third for pre-suit settlements. If the insurer denies fault, disputes injuries, or forces litigation, the fee often steps up.

Why the step-up? Once a case enters litigation, the workload and risk increase. Depositions, expert witnesses, crash reconstruction, and hearings demand time and money. Trials require even more. The higher percentage reflects that higher investment and risk for the firm.

Drivers should receive a written fee agreement that states the percentages for each stage, how costs are handled, and what happens if a case resolves early or late. Ask questions until it feels clear.

What a contingency fee covers

The contingency fee pays for legal work: investigating the crash, gathering evidence, building the demand package, negotiating with the insurer, preparing court filings, taking depositions, trying the case, and handling post-trial issues. It also covers the value of experience. An experienced San Antonio car accident lawyer understands local judges, Bexar County juries, defense strategies, and medical proof. That knowledge helps put the right case value forward and push back on common insurer tactics.

The fee does not usually include case costs. Costs are different from fees.

Fees vs. costs: know the difference

Costs are the out-of-pocket expenses needed to move a case forward. Common examples include police reports, medical records, expert review, filing fees, process servers, deposition transcripts, crash reconstruction, and mediation fees. On a simple case, costs can land in the hundreds. On a serious injury case, especially one that goes to trial, costs can reach thousands or more.

Most San Antonio car accident lawyer agreements handle costs in one of two ways. Some firms advance the costs and get reimbursed from the settlement. Others ask for a small cost deposit upfront, then bill remaining costs at the end. Both approaches are common. The key is transparency. The written agreement should state who pays costs, when, and how they get reimbursed.

Ask these two questions before signing:

• Will the firm advance all case costs, and are those costs reimbursed from the settlement after the fee is calculated?
• Or are costs deducted before calculating the fee?

That order matters. If costs come off the top before the percentage applies, the client usually takes home more. Many firms calculate the fee on the gross settlement, then subtract costs. Others deduct costs first. There is no single correct method, but it must be clear.

A quick example of how the math can work

Say a case settles for $90,000 before filing suit. The fee is one-third. Case costs are $2,000. There are $10,000 in medical bills and liens to resolve.

Two common ways the math may look:

Method A, fee first:

• Fee: $90,000 x 33.33 percent = $30,000
• Remaining: $60,000
• Costs: $2,000
• Medical bills and liens: $10,000
• Client net: $48,000

Method B, costs first:

• Costs: $2,000
• Remaining: $88,000
• Fee: $88,000 x 33.33 percent = about $29,333
• Medical bills and liens: $10,000
• Client net: about $48,667

It is not a massive difference here, but it adds up in larger cases. Ask the firm which method it uses. And ask for an estimated range of costs based on the facts of the case.

San Antonio specifics that affect fees and results

Local context matters. Bexar County courts move at a steady pace, but dockets can get crowded. That affects timelines and sometimes fee stages. Many insurance adjusters that handle San Antonio crashes know these courts and factor that into offers. An experienced San Antonio car accident lawyer will know which carriers tend to settle early, which require filings to take a claim seriously, and which defense firms are likely to push to trial.

Medical care in San Antonio also shapes a case. Some clients treat at Brooke Army Medical Center or VA facilities. Others rely on private clinics, public hospitals, or lien-based providers along Loop 410, I-10, or I-35. Each creates different records, billing formats, and lien rights. Strong lawyer relationships with local providers often help clean up billing errors, secure itemized statements, and reduce liens when possible. Lower liens can increase the client’s net recovery, even after a fee.

What if more than one lawyer works on the case?

Sometimes a firm partners with another firm due to a conflict, a unique issue, or trial needs. In that situation, the total client fee percentage usually stays the same. The firms split that percentage between themselves. It should not cost the client more. Make sure the agreement states that the total fee to the client does not increase if another firm is brought in.

Why hiring a lawyer often increases net recovery

Insurers pay attention to risk. A driver on their own faces scripted claims tactics. Adjusters may delay, discount, or deny. They may question medical care, blame prior injuries, or quarrel about fault at an intersection on Bandera Road. A strong firm shifts that risk calculus. And while a fee reduces the gross amount, the right lawyer often increases the total settlement by more than the fee. That is not a promise, but it is common in practice.

Here is a real-world pattern from San Antonio injury cases. Unrepresented drivers often accept the first or second offer. The number might cover immediate bills, but not future care, wage loss, or pain. Once a lawyer documents the injuries, calculates wage loss with employer records, gathers imaging results, and secures a supporting opinion from a treating doctor, the value increases. If the insurer still plays games, filing suit and scheduling depositions adds pressure. Offers usually improve at key points: after a strong demand, after depositions, and as trial approaches.

How liens and medical bills get paid from a settlement

Hospitals, health insurers, Medicare, Medicaid, and VA systems may have lien rights. Chiropractors and surgeons may treat on a letter of protection, which is a promise to pay from the settlement. Texas law includes strict rules for hospital liens, and federal rules apply to Medicare and Medicaid. If liens are valid, they must be paid from the settlement.

A San Antonio car accident lawyer will verify each lien, confirm the amount, and argue for reductions where allowed. Common reduction routes include billing errors, unrelated charges, or reductions under state or federal rules. Each dollar reduced can increase the client’s net. This is quiet, detailed work that many clients never see, but it matters.

What about the new Texas law on attorney’s fees?

Texas does not set fixed percentages for injury cases. Lawyers and clients are free to agree on rates, as long as they are reasonable and explained in writing. Courts can review fees for reasonableness if a dispute arises. For car accident settlements, contingency percentages are well accepted, and the ranges above are common in San Antonio. If a fee seems far outside those ranges, ask why.

How the stage of a case can change the fee

Think of a case in three phases.

First, pre-suit. The firm investigates, gathers records, builds the demand, and negotiates. Many cases end here. The fee tends to sit near one-third.

Second, litigation. The lawsuit is filed in Bexar County or federal court if needed. The defense takes depositions. Both sides exchange records. Experts may get involved. The fee often steps to the upper 30s or 40 percent. Costs rise here too.

Third, trial or appeal. Jury selection, expert testimony, exhibits, and post-trial motions require focused time and more spend. The fee may reach the top of the range. Not every case needs this phase, but injury firms set fees with it in mind, because they must be ready to go the distance.

Will hiring a lawyer slow the case?

Good firms move fast where speed helps and slow down where patience adds value. A quick settlement right after the crash might not include the full medical picture. Doctors need time to diagnose, treat, and estimate the need for therapy or injections. A rush can understate damages. On the other hand, a case should not stall without reason. Many San Antonio claims settle within a few months after medical treatment reaches a stable point. Lawsuits may take 12 to 24 months depending on the court’s schedule and the defense posture. Timeframes vary, and clear updates reduce worry.

What to expect in a first consultation

Drivers should walk away with clear answers and a plan. A consultation should cover the crash facts, early medical steps, property damage issues, and the client’s goals. The lawyer should explain the fee in plain language. Expect this core information:

• The percentage at each stage: pre-suit, litigation, trial.
• How costs work, including examples based on the case type.
• How medical bills and liens will be handled and negotiated.
• How often the firm will update the client and who the point of contact is.
• What the likely timeline looks like in San Antonio courts or with the specific insurer.

If anything feels vague, ask for examples with numbers. A strong firm will welcome those questions.

Signs of a clear and fair fee agreement

A good agreement reads like this: specific, short, and free of legalese. It will identify the fee percentage at each phase, define costs, and state the order of deductions. It will describe the client’s right to cancel within a defined window, any responsibilities for providing medical updates, and how disputes are resolved. It will confirm that referrals to other firms do not raise the total fee. The firm should provide a copy to take home and review before signing.

How insurance limits affect the outcome, and why it matters for fees

Texas drivers must carry minimum liability limits, often 30/60/25. Many carry more, but not all. If the at-fault driver has only minimum limits and no assets, the recovery may be capped. In that situation, a lawyer’s job includes finding other sources: employer coverage if the driver was on the job, a negligent entrustment claim, bar liability under dram shop law if alcohol is involved, or underinsured motorist coverage on the client’s own policy. These extra avenues can make a major difference.

This search affects fees because more work may be needed to reach into those sources. Still, clients should not pay a higher percentage unless the agreement already explained phase-based rates. Good firms in San Antonio handle these steps within the agreed structure.

Why local knowledge helps in San Antonio

Crash patterns in San Antonio show repeat hotspots: I-35 near downtown, Loop 410 interchanges, the Wurzbach Parkway corridor, and busy corridors like Culebra, Bandera, and San Pedro. Distracted driving and tailgating at high-traffic times lead to rear-end crashes. These facts matter for investigation and liability arguments. A local lawyer knows where to find surveillance cameras, which businesses keep footage, and how to move fast before recordings overwrite. Quick action can lock down proof and strengthen a claim. Insurers notice strong proof and respond with stronger offers. That can outweigh the fee in the final numbers.

Practical tips before signing a fee agreement

Most drivers compare at least two firms. That is wise. Ask each firm the same questions and compare answers side by side. Look for clear numbers, steady communication, and a plan that fits the injury and goals. And check whether the firm regularly handles cases in Bexar County. Local experience can smooth the rough edges and shorten the path to a fair result.

Here is a brief checklist for clarity:

• Ask for the exact fee percentage at each case stage and whether costs come off before or after the fee.
• Request a sample closing statement with fake numbers to see how money flows.
• Confirm who negotiates medical liens and typical reduction ranges they see.
• Ask about average timelines with the specific insurer in similar injury cases.
• Verify if underinsured motorist coverage and other sources will be explored.

What happens if a client changes lawyers mid-case?

Sometimes a client needs a change. If a case is transferred, the original firm may have a claim for the work done, often called a quantum meruit claim. Usually, the firms sort this out between themselves and the total fee to the client does not rise. The new contract should state this. Before switching, talk through the concerns with the current firm. Many issues resolve with a frank conversation. If not, a clean handoff is possible.

So, how much will a lawyer take from a car accident settlement in Texas?

Expect around one-third if the case settles early, with a step up if a lawsuit or trial is needed. Expect separate case costs, which the firm will explain and document. Expect medical liens to be resolved and, where possible, reduced. And expect the final numbers to reflect the quality of the work: careful proof, steady communication, and tenacity when an insurer drags its feet.

If a driver is hurt in a San Antonio crash, the next best step is a short, no-pressure case review with a local firm. Bring the police report if available. Bring medical records or discharge papers. Bring the auto policy and any letters from insurers. A 20-minute review can answer money questions fast and map the road ahead.

Ready to talk with a San Antonio car accident lawyer?

A local team can review the case, explain the fee in plain terms, Texas accident attorneys for victims and start building proof right away. Offices near downtown and across the North Side make it easy to meet in person, or a virtual visit can work if rest is needed. The goal is simple: protect the client, cut through delays, and pursue fair compensation under Texas law.

No one plans for a crash. But help is nearby across San Antonio, from Alamo Heights to Stone Oak, South Side to Leon Valley. A clear conversation about fees is the first step to peace of mind and a stronger claim.

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.