What's average percentage that an attorney gets on a personal injury case?

Answer 1

If no law suit filed: 33% (1/3) + expenses

If law suit filed: 50% (1/2) + expenses

These charges will be outlined in the retainer contract. Some attorneys may be willing to reduce their charges - but it's not going to be a huge reduction.

Answer 2

if they took the case on a "we don't win, we don't get paid" basis, then typically 30-40 %.

Sounds high, but it is meant to cover their financing of the costs, the opportunity cost that they could hav ebeen doing something else with the money, the risk of getting paid at all ("winning or losing") and a fair profit.