Quick Answer
In Texas personal injury cases, the difference between a 33% fee and a 40% fee usually comes down to how much work and risk the lawyer is taking on. A lower fee often applies when a case settles before a lawsuit is filed. A higher fee often applies if the case goes into litigation, requires depositions, expert work, motion practice, or trial preparation. Texas fee rules require fees to be reasonable and prohibit illegal or unconscionable fees, and contingency-fee arrangements in civil cases are generally handled by written agreement. (Texas Bar)
That means the real question is not just, “Is it 33% or 40%?” The better question is: What services are included, when does the fee change, who pays case expenses, and what is the likely net recovery to the client?
For injured people in San Antonio, Bexar County, and across Texas, the fee percentage matters. But the quality of the representation, the lawyer’s involvement, and the case strategy often matter just as much. Ryan Orsatti Law emphasizes direct attorney access, contingency-fee representation, and personalized handling for Texas injury cases.
Why Some Injury Lawyers Charge 33% and Others Charge 40%
In many injury cases, attorney fees are based on a contingency fee. That means the lawyer is paid only if there is a recovery.
A 33% fee is often tied to a case that resolves before suit. A 40% fee is often tied to a case that becomes contested and requires more lawyer time, more expense, and more risk. That difference can reflect:
- Filing a lawsuit
- Written discovery
- Depositions
- Expert witnesses
- Mediation
- Summary-judgment briefing
- Trial preparation
- Trial itself
That does not mean 40% is always better or always worse. It means the client should understand what triggers the increase and what the lawyer is actually doing at each stage.
33% vs. 40% Attorney Fees at a Glance
| Issue | 33% Fee | 40% Fee |
|---|---|---|
| Common use | Pre-suit settlement | Filed lawsuit or litigation |
| Lawyer workload | Lower in many cases | Usually higher |
| Case risk | Often lower | Often higher |
| Expenses | Usually separate from fee unless contract says otherwise | Usually separate from fee unless contract says otherwise |
| Client question to ask | “Does this apply only before suit?” | “Exactly when does the fee step up?” |
| Best way to compare | Look at likely net recovery | Look at likely net recovery |
The Bigger Issue: Net Recovery, Not Just the Percentage
A lower fee does not always mean the client keeps more money.
Example:
- Lawyer A charges 33% but pushes a quick, low settlement.
- Lawyer B charges 40% but develops the medical proof, finds more insurance, documents future damages, and negotiates harder.
In some cases, the client may still take home more with the second approach.
That is why injured people should ask for a simple explanation of:
- Expected case value
- Likely expenses
- Medical liens
- Whether the lawyer negotiates liens
- Whether the lawyer plans to litigate if the carrier underpays
In Texas car wreck, truck wreck, wrongful death, and serious-injury cases, the most important number is often the client’s net after fees, expenses, and liens.
When a 40% Fee May Make Sense
A 40% fee may make sense when the case is likely to require real litigation work, such as:
Liability is disputed
The other driver, company, or insurer says the injured person caused the crash or shares blame.
Damages are contested
The insurer argues the treatment was unnecessary, the injury was pre-existing, or the medical bills are too high.
There is a commercial defendant
Cases involving trucking companies, delivery vehicles, oilfield vehicles, rideshare companies, or business-owned vehicles often require more work, more evidence preservation, and more defense pressure.
More insurance investigation is needed
There may be umbrella coverage, company coverage, uninsured/underinsured motorist coverage, or multiple defendants.
Trial pressure matters
Sometimes the insurer does not increase its offer until it believes the plaintiff’s lawyer is actually prepared to try the case.
When a 33% Fee May Be Common
A 33% fee may be common when:
- Liability is clear
- Coverage is straightforward
- The client completes treatment
- The carrier is responsive
- The case resolves before filing suit
- No unusual expert work is needed
That said, clients should still read the contract carefully. Some agreements start at 33% and then rise later. Others use different percentages for pre-suit, post-filing, appeal, or other stages.
Questions Every Texas Injury Client Should Ask Before Signing
Before signing a fee agreement, a client should ask:
1. When does the fee increase?
Is it when the lawyer sends a demand? Files suit? Starts discovery? Sets trial?
2. Are case expenses separate from the fee?
Expenses can include filing fees, medical-record charges, deposition costs, mediation fees, experts, and service fees.
3. Is the percentage taken from the gross recovery or after expenses?
This can make a real difference in the client’s net.
4. Who negotiates medical liens and subrogation claims?
A strong lien-reduction effort can put more money in the client’s pocket.
5. Will I work with the lawyer or mostly with staff?
For many clients, direct attorney access matters.
6. Does the lawyer actually handle litigation?
A pre-suit-only approach is different from a firm that is ready to file and push the case.
Common Mistakes People Make When Comparing Fees
Looking only at the percentage
The fee is only one part of the deal.
Not asking about expenses
Some clients focus on 33% vs. 40% and forget to ask how expenses are handled.
Ignoring communication style
Poor communication can make a hard case even harder.
Signing without understanding the fee ladder
The contract may have different fee stages.
Assuming all contingency firms do the same work
They do not.
Attorney Insight
In real Texas injury practice, especially in San Antonio and along the I-35 corridor, the best fee comparison is usually this:
What is the plan for the case, and what is the likely net result for the client?
A firm charging 33% may be a good fit for a straightforward claim. A firm charging 40% may be justified where the case will require filing suit, pushing back against a commercial carrier, using experts, or preparing for trial. The key is transparency.
Ryan Orsatti Law’s public materials emphasize a plaintiff-side injury focus, direct attorney involvement, contingency-fee representation, and local Texas experience.
Why Communication Matters as Much as the Fee
A good fee agreement should be clear. A good lawyer should also explain it in plain English.
Client reviews for Ryan Orsatti Law repeatedly praise communication and personal attention. One client wrote that the firm “clearly explain[ed] every step of the process” and was “always available” to answer questions. Another said the team stayed in communication “the entire time,” and another praised direct access to Ryan himself. The firm’s review materials also reflect a consistent 5.0 reputation and repeated comments about professionalism, responsiveness, and results.
That matters because injury clients are often dealing with pain, missed work, medical treatment, and pressure from adjusters. The fee should be clear, but the relationship should also feel clear.
How Ryan Orsatti Law Approaches Value
For injured people in San Antonio and throughout Texas, Ryan Orsatti Law presents itself as a boutique plaintiff-side injury firm with personalized service and direct attorney access instead of a volume-driven model. The firm’s materials state that clients work directly with Ryan Orsatti and that the practice is built around personal injury representation on a contingency-fee basis.
That approach lines up with many public reviews. Clients have described the team as communicative, honest, caring, and professional. One reviewer said the firm “worked diligently to ensure I received the maximum settlement.” Another said the team “got me the max and were there for me every step of the way.” Those comments should not be read as guarantees, but they do show the kind of client experience people often look for when comparing fee structures and representation styles.
Bottom Line
The difference between 33% and 40% attorney fees is usually about case stage, risk, and workload.
A client should not choose a lawyer based on percentage alone. The better approach is to compare:
- What work the lawyer will actually do
- Whether the lawyer is prepared to litigate
- How expenses are handled
- How liens are addressed
- How often the client will hear from the firm
- What the likely net recovery may be
For many Texas injury cases, especially where a commercial vehicle, serious injury, disputed liability, or underpaying insurer is involved, it is worth having a lawyer explain the fee agreement line by line before anything is signed.
Reviewed by Ryan Orsatti, Texas personal injury attorney
FAQs
Is 40% too much for a personal injury lawyer in Texas?
Not necessarily. It may be reasonable in a litigated case, especially if the matter requires filing suit, experts, depositions, and trial preparation. Texas fee rules focus on reasonableness and written fee arrangements. (Texas Bar)
Is 33% standard in a car accident case?
It is common in many pre-suit injury cases, but contracts vary. Clients should ask exactly when the percentage changes.
Do attorney fees include case expenses?
Not always. Many contingency agreements treat fees and expenses separately. Clients should ask how costs are advanced and deducted.
Should a client choose the lowest percentage?
Not automatically. The client should compare the likely net recovery, case strategy, communication, and whether the lawyer is prepared to push the case when the insurer underpays.
What matters most in a fee agreement?
Clarity. The client should understand the percentage, the fee stages, the expenses, and how the final recovery will be calculated.
Talk to Ryan Orsatti Law
Ryan Orsatti Law
4634 De Zavala Rd, San Antonio, TX 78249
Phone: 210-525-1200
“This blog is for informational purposes only, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future results.”