No cap at all, unless it's medical malpractice
Outside medical malpractice, California imposes no statutory cap on the contingency fee percentage — the fee is set entirely by private agreement between attorney and client. 33.3%, or one-third, is a commonly used figure.
Medical malpractice is the real exception
Under Business and Professions Code § 6146, part of the MICRA framework, California does cap contingency fees — but only in claims against a health care provider for professional negligence. As of 2023, the limit is 25% of the recovery if the case settles before a civil complaint or arbitration demand is filed, rising to 33% if it settles afterward. An attorney can petition the court for a higher fee if the case actually goes to trial or arbitration, with the court deciding based on good cause.
What else comes out before you do
Case costs — expenses the attorney typically advances during litigation, like expert witness fees, filing fees, and the cost of gathering medical records — are generally reimbursed from the settlement. If Medicare, Medicaid, or a private health insurer has an outstanding lien for medical treatment related to the injury, that amount is also repaid before you receive your net share.