The short answer: most train accident attorneys take a contingency fee of 33% (one-third) to 40% of the recovery, and nothing if they do not win. The exact number depends on whether the case settles early or goes to trial, on state caps, and on how case costs are handled.
The typical percentage range
Across the United States, train and railroad injury attorneys overwhelmingly work on contingency, taking a percentage of the gross recovery rather than billing by the hour. The standard band is 33% to 40%. A one-third fee (33.33%) is common for cases that settle before a lawsuit; many firms move to 40% once a suit is filed. The percentage is fixed in a written agreement you should read in full before signing — this is question one on our consultation checklist.
When the percentage rises — the tiers
Most agreements are tiered. A typical structure charges a lower percentage if the case resolves before a lawsuit is filed and a higher percentage if it goes into litigation or to trial, because trial work is far more labor-intensive and risky for the firm. Ask for the exact trigger that raises the rate, and get the tiers in writing. A vague answer here is a red flag.
State fee caps and court approval
Some states cap contingency percentages in certain case types, and many require court approval of the fee in wrongful-death and minor's cases. The percentage a firm quotes must respect those limits. If your case involves a death or an injured child, expect the fee to be reviewed by a judge regardless of the agreement.
FELA cases for railroad workers
If you are a railroad employee injured on the job, your claim falls under the Federal Employers' Liability Act (FELA), not workers' compensation. FELA cases are also handled on contingency, and the percentages are broadly similar — but FELA is a specialized field, so the right question is less about the number and more about whether the attorney genuinely handles FELA work.
Why the percentage is only half the story
The percentage alone does not tell you your take-home. Two cases with the same 33% fee can leave you with very different amounts depending on case costs (filing fees, experts, records), medical liens, and crucially whether costs are deducted before or after the fee. Our net-recovery calculator lets you enter a percentage and watch your real net change — compare two fee quotes by net, not by the headline rate. For the full breakdown, see how much a train accident attorney costs and contingency fee explained.
