Most Personal Injury Attorney’s work on a contingency basis, meaning that they are only paid from a percentage of the funds recovered. This should encourage your attorney to maximize your recovery, because if they do not collect anything, they receive nothing. You should not have to pay anything out of pocket. The attorney will advance all costs such as records request and copying fees. The average contingency fee is 33%, and ranges from 25% – 40 % and a higher percentage if the case goes to trial.