An attorney who believes a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive a percentage of the damages awarded. The average percentage is 33 percent. This is the fee for the case through settlement. If the case has to go to trial, your contingency fee percentage may increase. Some attorneys will increase the fee to 40. These percentages usually do not include the attorney's outofpocket expenses, which you will also have to pay form any recovery you receive via settlement or verdict.