What does a San Diego personal injury attorney cost?

Quick Answer

Nothing up front. Khashayar Law Group works on contingency — no attorney fee unless we recover for you. The initial consultation is free and confidential. The firm advances every litigation cost (expert witnesses, depositions, court reporters, exhibits, mediation) during the case. If we don’t recover, you owe nothing.

Reviewed by Daryoosh Khashayar, ABOTA Member, founder and managing partner of Khashayar Law Group — Last updated May 2026.

California personal injury attorneys work on contingency fee agreements governed by Business and Professions Code §6147. The fee is a percentage of any recovery, fully disclosed in writing before you sign, and paid only if the case results in a settlement, judgment, or verdict in your favor.

The contingency model exists because injured clients usually cannot afford to pay an hourly rate for litigation that may take a year or more. By aligning the firm’s compensation with the result, the model ensures the firm has financial incentive to maximize the recovery. Daryoosh Khashayar has worked on contingency for over 20 years, building a track record that includes a $61.5 million jury verdict and over $165 million recovered for clients.

Beyond the attorney fee, personal injury cases involve substantial litigation costs — expert witnesses, depositions, court reporters, demonstrative evidence, mediators, courtroom technology. Khashayar Law Group advances every one of these costs during the case. The client owes nothing out of pocket while the litigation is pending.

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What percentage does a contingency attorney charge?

The exact percentage is set in the written fee agreement and depends on the stage of the case when it resolves. Common California contingency tiers:

  • Pre-litigation settlement (resolved before a lawsuit is filed) — typically 33.3%.
  • Post-filing, pre-trial settlement — typically 40%.
  • Trial — typically 40-45%.
  • Appeal — an additional percentage may apply if the case is appealed.

Medical malpractice contingency fees are separately capped by Business and Professions Code §6146 on a sliding scale. Every fee structure is fully disclosed in writing before the client signs the engagement agreement, as required by B&P Code §6147.

What are litigation costs and who pays them?

Litigation costs are separate from attorney fees. In a typical personal injury case they include:

  • Expert witness fees (accident reconstructionists, treating physicians, life-care planners, economists).
  • Deposition transcripts and court reporter fees.
  • Filing fees and court costs.
  • Subpoenas for records (medical, employment, insurance).
  • Demonstrative evidence (medical illustrations, accident reconstructions, day-in-the-life videos).
  • Mediator and arbitrator fees.
  • Trial exhibits and courtroom technology.

Khashayar Law Group advances all of these during the litigation. They are reimbursed from the recovery at the end of the case alongside the attorney fee. If there is no recovery, the firm absorbs the costs — the client owes nothing.

What happens if we don’t win?

You owe no attorney fee and no reimbursement for the costs the firm advanced. The contingency model means the firm bears the financial risk of taking the case. This is true regardless of how many hours the firm worked, how many experts were retained, or how long the case lasted.

What does the initial consultation cost?

Nothing. Initial consultations at Khashayar Law Group are free and confidential. The firm reviews the facts, identifies the applicable California statutes and deadlines, and provides a candid assessment of whether the case is one we can take and what it’s likely worth. There is no obligation to retain the firm after the consultation.

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This FAQ relates to every personal injury practice area we handle, including Automobile Accidents, Truck Accidents, Rideshare Accidents, and Wrongful Death. For a free consultation with no obligation, call (858) 509-1550.