How Much Do Lawyers Take From A Car Accident Settlement In Texas?

Money gets tight after a wreck. Medical bills stack up, a paycheck stops, and the car sits in a shop lot on Bandera Road or I-10 while insurance delays drag on. Many San Antonians hesitate to call a lawyer because they worry about fees. Here is the clear answer: most Texas car accident attorneys work on a contingency fee. That means the lawyer gets paid a percentage of the settlement or verdict, and only if the case wins. No upfront fees. No hourly bills.

This guide explains typical percentages in Texas, what affects those numbers, and what that fee covers in real life. It uses plain language, practical examples, and shows how a San Antonio car accident lawyer can put more money in a client’s pocket even after a fee, because the right strategy often increases the total recovery. And yes, it covers when a client might pay less.

The standard contingency fee in Texas

Most Texas injury firms use a sliding fee that depends on the stage of the case. The most common ranges are:

• 33 percent to 36 percent if a case settles before a lawsuit is filed
• 38 percent to 40 percent after filing a lawsuit
• 40 percent to 45 percent if the case goes to trial or appeal

These are typical numbers across Bexar County and the wider South Texas area. A written contract controls the exact percentage. Clients should see the percentages in bold type on the first few pages of the agreement. And they can ask questions before signing. A good firm expects that.

Why the percentage changes with the stage of the case is simple. Costs and time go up the longer a case runs. Filing a lawsuit triggers depositions, expert work, medical testimony, exhibit prep, and court deadlines. Trial multiplies the work again. The higher fee reflects that extra lift.

What the fee usually includes

A contingency fee covers the lawyer’s time and the legal work needed to build and resolve the claim. In a strong San Antonio practice, that means the attorney and team handle:

• Case investigation, including photos, witness calls, and police report checks
• Communications with insurers so the client does not get boxed in by recorded statements
• Medical record collection and billing summaries, often hundreds of pages
• Settlement demand letters with clear damages math, not guesswork

Beyond those basics, a San Antonio car accident lawyer often negotiates medical bills with local providers in the Medical Center area. Cutting medical liens by even 10 to 30 percent can put thousands back into a client’s pocket. The fee does not include medical bills themselves, but the negotiation work is part of the service.

Case costs vs. attorney’s fee

The contingency percentage pays the lawyer. Case costs are separate. These are out-of-pocket expenses advanced by the firm and reimbursed from the settlement. Common costs include court filing fees, process servers, medical record fees, crash reconstruction, depositions, expert reports, trial exhibits, and mediation fees.

Every fee agreement should explain whether costs come out before or after the attorney’s percentage applies. This one detail can change a client’s net payout. Some firms calculate the fee on the gross settlement and then deduct costs. Others deduct costs first, then apply the fee on the remainder. The second method often leaves more in a client’s pocket.

Clients should ask for a sample settlement statement. Seeing real numbers in a mock example helps. A transparent firm will show one without fuss.

A simple San Antonio example

A driver on Loop 410 gets hit by a delivery van. The insurance carrier disputes fault and delays. The client hires a San Antonio car accident lawyer on a 35 percent pre-suit fee. The case settles for 90,000 dollars after medical treatment ends and the firm sends a detailed demand.

Medical bills total 38,000 dollars on paper, but after health insurance reductions and lien negotiations, payable balances drop to 23,000 dollars. Case costs are 1,400 dollars for records, imaging, and a biomechanical consult that helped push the insurer. The fee is 31,500 dollars. The client’s net is 34,100 dollars.

Without the lien cuts and the tighter demand, the carrier might have offered 55,000 to 60,000 dollars. With higher unpaid bills, the net could have fallen under 20,000 dollars. The fee looks big on paper, but the right work moved the total recovery and the net.

Why fees vary across Texas cases

No two crashes on I-35 or West Avenue look the same, and neither do fees. Several factors shift the percentage or the timing of a step-up.

• Liability fights. If fault is unclear, the lawyer may need to hire an expert or file the lawsuit earlier to lock in evidence.
• Injuries and care. Complex orthopedic injuries, surgeries at Methodist Stone Oak or University Hospital, or long-term pain management require deeper medical analysis and future care estimates.
• Insurance limits. If the at-fault driver carries only 30,000 dollars in liability coverage, an attorney may investigate underinsured motorist coverage, products liability angles, or a negligent entrustment claim against a company owner. Extra work sometimes pushes a case beyond pre-suit processes.
• Venue and defense posture. Some carriers in San Antonio settle high-risk cases early. Others push depositions of every witness. The case path affects the fee tier.
• Appeals. A verdict can trigger post-trial motions or an appeal. That stage takes time, briefing, and specialized counsel, which raises the fee under most contracts.

Texas law on fee agreements, in plain terms

Texas allows contingency fees in injury cases. The contract must be in writing and signed by the client. The State Bar’s ethics rules call for a reasonable fee. Reasonable ties to the time, labor, risk, results, and skills involved. If a fee looks extreme for the work performed, a client can question it and request an itemized accounting. Clients can also end a lawyer’s representation, though the contract governs how fees work if that happens midstream.

What a client can control

Clients cannot control the other driver’s coverage or how fast a shoulder heals. But they can control documents and communication. The sooner a client gathers photos from the scene, witness contacts, and a clean list of providers, the stronger the demand. And the cleaner the medical story, the easier it is to show pain and suffering in numbers a claims adjuster takes seriously.

A well-organized file also saves time and costs. That can improve the net. San Antonio clients often have care at NE Baptist, Christus Santa Rosa, or through a family doctor on the South Side. Listing those names fast helps the legal team order records once, not three times.

Negotiating a fee

Fee percentages are common, but they are not carved in stone. In some cases, a firm may agree to a lower pre-suit rate or cap certain costs. Examples include minor-impact cases with clear liability and known policy limits, or multi-claimant crashes where speed matters.

Clients can ask for:

• A lower pre-suit fee if the case likely settles after policy limits disclosure
• Costs deducted before the fee is calculated
• A fee freeze if the lawyer chooses to file suit for leverage, not because the case requires trial

A respectful conversation goes a long way. The firm wants a fair deal and a solid relationship.

What happens if the case loses

On a pure contingency, if there is no recovery, the attorney does not get a fee. The contract should also state who pays case costs if the case ends with no recovery. Many San Antonio firms eat those costs or split them. Clients should read this clause and ask about it before signing.

Do you still come out ahead after paying a fee

In many claims, yes. Carriers tend to discount unrepresented claims. They argue gaps in treatment, claim pre-existing conditions, and drag out offers. A lawyer changes that math with documentation, medical summaries, damages modeling, and real trial risk. And with liens reduced, the final net often improves, even after the fee.

For example, a self-filed claim might draw a 15,000 dollar offer on a case with 12,000 dollars in medical bills. After paying those bills, little remains. With counsel, the same claim might settle at 42,000 dollars, with bills cut to 8,500 dollars. Even at a 35 percent fee, the net can be two to three times higher. Results vary, but the logic holds.

Local insight that matters in San Antonio

San Antonio claims have rhythms that outsiders miss. Some crash reports from SAPD can take weeks. A firm used to that pace nudges the right channels so records arrive faster. Many clinics in the South Texas Medical Center use third-party billing, so a lawyer knows which portal to contact to reduce charges. Jurors in Bexar County listen closely to treating doctors, so a lawyer frames testimony from the right physician, not a hired gun. These local touches influence settlement value long before a trial date.

Timing and the statute of limitations

Texas has a two-year statute of limitations for most injury claims, measured from the date of the crash. Some exceptions apply for minors or certain government claims, which use shorter notice deadlines under the Texas Tort Claims Act. The timeline matters for fees because rushing a case at the last minute often pushes it into lawsuit territory. Early medical tracking and early demands keep the case on a pre-suit path, which usually holds the fee at the lower tier.

How a fee shows up on a settlement statement

A proper settlement statement lists the gross settlement, attorney’s fee, case costs, medical liens, and the client’s net. It also shows payees by name. A client signs this before money is disbursed. A San Antonio car accident lawyer should walk through each line, explain any holdbacks for final lien letters, and provide copies of reductions achieved. Clients should leave with a complete packet. If something looks off, they should ask. Clarity builds trust.

Red flags to watch for

Most firms in San Antonio run ethical, client-first practices. Still, a few warning signs should give pause.

• No written fee agreement, or a contract that hides the fee or costs
• Pressure to sign before questions are answered
• Refusal to share a sample settlement statement
• Promises of a dollar amount on day one
• Demands to treat with a specific clinic without a good explanation

A client should feel comfortable, respected, and informed. If not, they can walk away.

Special notes on minors and wrongful death cases

When a child is hurt in a crash, a court may review and approve the settlement, including fees. This protects the child’s share and often places funds in a trust or annuity. In wrongful death and survival claims, multiple heirs may share the recovery, and fee terms match the complexity. These cases often sit in the higher fee tier because they need expert work and careful damages presentation. A local attorney familiar with Bexar County courts can explain how approval hearings work and what paperwork the judge needs.

How to compare firms without hype

Fancy slogans do not settle claims. Clients can compare by asking clear questions:

• What is your pre-suit fee and your lawsuit fee?
• Do you calculate costs before or after the fee?
• Who will handle my case day to day, and how often will I get updates?
• Can you show example settlement statements with personal data removed?
• What is your plan if the carrier low-balls us?

The answers show whether the firm communicates well and respects the client’s money.

What a strong San Antonio car accident lawyer actually does to grow value

Value comes from proof. Proof comes from legwork and smart timing. In a typical case, the attorney gathers photos, 911 audio, intersection camera footage when available, and property damage estimates from local shops on San Pedro or Fredericksburg Road. The team tracks treatment from EMS through discharge, summarizes imaging like MRIs in plain language, and matches pain complaints to diagnosis codes insurers use. The lawyer sends a demand with a clean damages chart and a clear link between symptoms and the crash.

If the insurer stalls, the lawyer files a focused lawsuit, schedules depositions that put pressure on the defense, and sets mediation when records and bills tell a full story. Throughout, the lawyer negotiates liens, keeps costs down, and aims for the best net result, not the biggest headline number. That is how fees earn their keep.

Quick checklist before hiring

• Ask for the fee in writing with stage-by-stage percentages
• Confirm how costs are deducted and who pays if there is no recovery
• Request a sample closing statement
• Set expectations for updates and who to call for questions
• Bring a list of all providers and billing offices to the first meeting

Bottom line for San Antonio drivers

The typical range for a Texas car accident attorney’s share runs from about one-third pre-suit to around 40 percent in litigation, with higher fees possible at trial or on appeal. The percentage reflects the work, time, and risk a firm takes on to move an insurer from low offers to fair value. The right San Antonio car accident lawyer can protect a affordable auto accident lawyer San Antonio client from adjuster tactics, reduce medical liens, and present a clean case that pays fairly for pain, treatment, lost wages, and long-term effects.

If a crash on I-10, 281, or Broadway has put life on hold, a short call can answer fee questions in minutes and map out the next steps. Clear numbers. Straight talk. And a plan focused on a client’s net recovery.

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.