How Much Does A Virginia Personal Injury Attorney Cost?

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The Cost of a Virginia Personal Injury Attorney

Potential personal injury clients often ask us how much it costs to hire an attorney for a Hillsville car accident case. Most attorneys use what’s called a contingency fee to represent clients in accident cases. A contingency fee agreement means that the attorney only gets a fee if the client gets a settlement or a favorable verdict after a trial.  

Car, Truck, and Motorcycle Accidents

Typical fee agreements in car, truck, and motorcycle accident cases provide for an attorney fee of 33% of any settlement received prior to trial. The fee usually goes up to around 40% in the event the case goes to trial and the client gets a favorable verdict, due to the additional work required. It’s important to make sure you understand whether the attorney fee will be calculated based on the total gross settlement or will be calculated after any medical liens and expenses are paid.  

Medical Malpractice

From what we have seen, fee agreements in medical malpractice cases are typically closer to 40% regardless of whether the case is settled or goes to trial. This larger fee in medical malpractice cases is due to the complexity of the subject matter as well as the time and expertise required. It has been our experience that medical malpractice cases are rarely settled early in a case.

Costs of Litigation

Due to Virginia’s ethical rules for attorneys, contingency fee agreements require the client to be responsible for paying the costs of litigating the case. These costs can consist of court reporters, deposition transcripts, expert witness fees, copies, postage, accident reports, and more. Sometimes these costs are paid out of the settlement or trial proceeds. In the event a case is not resolved favorably for the client, the costs must still be paid.


In summary, a personal injury attorney only gets a fee if the client obtains a settlement or favorable trial verdict. However, win or lose, the client will be responsible for paying the costs associated with litigating the case.

Contact Us

Our Virginia personal injury attorneys handle cases in the counties of Carroll, Wythe, Bland, Grayson, Pulaski, Floyd, Smyth, and the City of Galax. For a free, no obligation consultation, call us in Hillsville at (276) 728-3737 or in Wytheville at 276-777-7609. You can also e-mail any questions to