Morgan & Morgan is the largest personal injury law firm in the United States, and their “For the People” branding is hard to miss. If you’ve been in an accident or suffered an injury and are considering hiring them, the most common question isn’t about their reputation — it’s a very specific number: how much of your settlement will they keep?
The short answer is that Morgan & Morgan, like virtually every personal injury firm in the country, works on a contingency fee arrangement. The standard percentage they charge is one-third (33.3%) of the settlement if the case resolves before trial, and typically 40% if the case goes to trial. But the actual amount you walk away with depends on more than just that percentage — case costs, medical liens, and how costs are calculated relative to the fee can significantly affect your net recovery.
Key Takeaways
- Morgan & Morgan’s standard contingency fee is approximately 33.3% (one-third) of the settlement amount if the case settles before trial, and approximately 40% if the case goes to trial.
- In addition to the attorney’s fee, case costs (filing fees, medical record requests, expert witnesses, deposition transcripts) are deducted from your settlement — these are separate from the fee percentage and are handled differently depending on your fee agreement.
- The contingency fee percentage itself is negotiable in some circumstances, particularly for high-value cases or straightforward liability situations.
What a Contingency Fee Actually Means
A contingency fee is an arrangement where the attorney receives no upfront payment and collects a percentage of the recovery only if the case is successful. If you lose, the attorney receives no fee. As the Legal Information Institute explains, in a contingent fee arrangement lawyers receive a percentage of the monetary amount their client receives when they win or settle the case — the lawyer only receives compensation if they have successfully represented the client, and the amount is contingent upon the result obtained.
This structure makes legal representation accessible to people who couldn’t otherwise afford hourly legal fees, which is exactly why it dominates personal injury law. Morgan & Morgan’s model — like every major personal injury firm — is built entirely around contingency.
The practical implication: you pay nothing out of pocket to hire Morgan & Morgan or any other personal injury firm operating on contingency. The cost comes out of your recovery, not your wallet upfront.
The Standard Morgan & Morgan Fee Structure
Morgan & Morgan’s fee agreement typically operates on the following structure:
Pre-trial settlement: approximately 33.3% If your case resolves through negotiation before a trial begins, the firm takes approximately one-third of the gross settlement. On a $90,000 settlement, that’s approximately $30,000 to the firm, leaving you with $60,000 before case costs are deducted.
Trial: approximately 40% If the case proceeds to trial, the fee percentage increases — reflecting the significantly greater attorney time and resources required. On the same $90,000 verdict, 40% would mean $36,000 to the firm.
Appeals: sometimes higher If the case requires an appeal, some fee agreements include a higher percentage for the additional work involved. This is less standardized and should be explicitly addressed in your fee agreement before signing.
These are the standard percentages Morgan & Morgan uses, but they are not set in stone. Model Rules of Professional Conduct 1.5(c) requires a contingency fee agreement to be in writing signed by the client, and it must state the method by which the fee is to be determined and must clearly notify the client of any expenses for which the client will be liable. Your specific fee agreement is the binding document — read it carefully before signing, because it governs your actual financial arrangement with the firm.
The Cost Deduction Question: Before or After the Fee?
This is the calculation most people overlook, and it significantly affects your net recovery. Case costs — the out-of-pocket expenses the firm advances on your behalf — are reimbursed from your settlement. The question is whether they’re deducted before or after the attorney’s fee is calculated.
Example with costs deducted after the fee (more common):
- Gross settlement: $100,000
- Attorney fee (33.3%): $33,300
- Remaining: $66,700
- Case costs: $8,000
- Your net recovery: $58,700
Example with costs deducted before the fee:
- Gross settlement: $100,000
- Case costs: $8,000
- Net after costs: $92,000
- Attorney fee (33.3% of $92,000): $30,636
- Your net recovery: $61,364
The difference is over $2,600 in this example — and on larger cases with higher costs, the gap widens considerably. Most Morgan & Morgan fee agreements calculate the fee on the gross settlement (before costs), which is the more common industry practice. Ask specifically how costs are handled in your fee agreement before signing.
What Case Costs Typically Include
Case costs are the actual expenses incurred building your case. Morgan & Morgan advances these costs on your behalf and recoups them from the settlement. Common costs include:
- Medical record request fees
- Court filing fees
- Process server fees
- Expert witness fees (medical experts, accident reconstruction specialists)
- Deposition transcript costs
- Investigation expenses
- Demonstrative evidence preparation for trial
For straightforward cases — a rear-end collision with clear liability and documented injuries — costs might run $2,000 to $5,000. For complex cases involving multiple experts, extensive discovery, or trial, costs can reach $20,000 to $50,000 or more. These costs come off your recovery regardless of whether they’re deducted before or after the fee is calculated.
Medical Liens: The Other Deduction People Don’t See Coming
Beyond attorney fees and case costs, medical liens can significantly reduce your net recovery in ways that have nothing to do with what Morgan & Morgan charges.
If your medical care was paid by Medicare, Medicaid, health insurance, or workers’ compensation, those entities typically have a legal right to be reimbursed from your personal injury settlement — called a “lien” or “subrogation right.” Your attorney is generally obligated to satisfy these liens from your settlement proceeds before disbursing your share.
On a $100,000 settlement, after a 33.3% attorney fee ($33,300) and $5,000 in case costs, you’d have $61,700 in apparent net recovery. If Medicare paid $20,000 in medical bills and has a lien on your settlement, your actual take-home could be $41,700 or less — depending on whether the lien is negotiated down.
Experienced personal injury attorneys routinely negotiate medical liens downward, and Morgan & Morgan’s scale gives them leverage with large insurers. Ask specifically what liens exist on your case and whether the firm negotiates them as part of the settlement process.
Is 33% Standard Across Personal Injury Firms?
Yes, for practical purposes. The one-third pre-trial contingency fee has become the industry standard in personal injury law. As the Legal Information Institute notes, contingency fees are particularly common in personal injury cases, where the successful lawyer is typically entitled to around 33% of the recovery amount.
Smaller or regional firms sometimes charge lower percentages for high-value cases or straightforward liability situations where the risk of non-recovery is low. Firms that specialize in niche areas (medical malpractice, mass torts) sometimes charge 40% even at the settlement stage because of the complexity and resource investment involved.
The size and brand of the firm — Morgan & Morgan included — doesn’t automatically mean a higher fee percentage. What it may mean is more resources dedicated to your case, more leverage with insurance companies in negotiation, and experience with cases similar to yours. Whether those advantages are worth more than a smaller firm’s potentially more personalized attention is a judgment call specific to your case.
What You Should Ask Before Signing With Any Personal Injury Firm
Before signing a contingency fee agreement with Morgan & Morgan or any other firm, get clear answers to these specific questions:
What is the exact fee percentage, and does it change if the case goes to trial? The standard is 33.3% pre-trial and 40% at trial. Confirm these numbers in writing in your specific agreement.
Are case costs deducted before or after the attorney’s fee is calculated? This affects your net recovery more than most clients realize. Ask for a sample calculation on your estimated settlement range.
Who is responsible for case costs if the case is lost? Some firms absorb case costs if the case is unsuccessful; others require the client to reimburse them regardless of outcome. This is a significant financial risk if your case doesn’t recover anything.
Will the firm handle medical lien negotiation? A yes answer doesn’t guarantee a reduction, but it ensures someone is working on this part of your recovery.
Who will actually work on my case day-to-day? At large firms like Morgan & Morgan, the attorney who meets with you initially may not be the one handling your case. Ask who your primary contact will be and what their experience level is with cases similar to yours.
For broader context on how contingency fees and attorney fees generally work across different types of cases, how much are lawyer and attorney fees covers the full fee structure landscape beyond just personal injury. And for a realistic sense of how long the settlement process itself takes from beginning to end, how long does a personal injury lawsuit take sets expectations for the timeline you’re actually looking at.
FAQ
Does Morgan & Morgan charge anything if I don’t win? No. Under a standard contingency fee arrangement, if your case doesn’t recover any money, you owe no attorney fee. Case costs are a separate question — some agreements require you to reimburse advanced costs even if the case is lost; others don’t. Confirm this specific point in your agreement before signing.
Can I negotiate the fee percentage with Morgan & Morgan? Potentially, especially for high-value cases with clear liability. The standard one-third is industry standard, not a fixed law. Larger firms have less flexibility on their standard rates than smaller ones, but it doesn’t hurt to ask — particularly if you have a strong case and multiple firms interested in representing you.
What’s the difference between what Morgan & Morgan takes and what I actually receive? The fee percentage (33.3%) applies to the gross settlement. Your net recovery is that gross amount, minus the fee, minus case costs, minus any medical liens. The fee agreement and a lien summary are the two documents you need to understand your actual take-home number before agreeing to a settlement.
If I fire Morgan & Morgan mid-case, do I still owe them? Yes, potentially. If you discharge the firm after they’ve done substantial work on your case, most fee agreements give the firm the right to recover the reasonable value of services rendered (called quantum meruit) from any eventual recovery — even if a different attorney handles the case to conclusion. Read the termination provisions of your agreement carefully.
Are there caps on contingency fees in some states? Yes. Some states cap contingency fees by statute in specific practice areas — medical malpractice in California and New York, for example, have statutory cap structures. If your case is in a state with a fee cap, the agreement must comply with it regardless of what the standard rate otherwise would be. Your specific state’s rules control.
Does a larger settlement mean a higher fee percentage? No — the percentage stays the same regardless of settlement size under a standard agreement. Some sophisticated clients negotiate sliding scale arrangements on very large cases (lower percentage on amounts above a certain threshold), but this is uncommon in routine personal injury cases.
Conclusion
Morgan & Morgan takes approximately one-third of your settlement before trial and approximately 40% if the case goes to trial. That percentage is consistent with the personal injury industry standard. What distinguishes firms isn’t usually the fee percentage — it’s the quality of investigation, negotiation leverage with insurers, trial capability, and how efficiently they handle the costs and liens that affect your net recovery. Read your specific fee agreement carefully, ask directly about how costs are handled relative to the fee calculation, and understand what liens exist on your case before you evaluate whether a settlement offer actually makes sense for you.
Disclaimer: The content provided on MyLegalHelper.us is for informational and educational purposes only and does not constitute legal advice. Using this site does not create an attorney-client relationship. Always consult a licensed attorney in your specific jurisdiction before taking legal action.
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