Yes - 33⅓% to 40% is a common range, and that money usually comes out of the recovery, not out of your pocket up front. A contingency fee means an injury lawyer gets paid only if money is recovered through a settlement or court award. If there is no recovery, there is usually no attorney fee, though you may still owe certain case costs depending on the fee agreement.
That matters because the fee is only one part of where the money goes. Medical bills, liens, record charges, expert fees, and filing costs can all come out of the total before you see your net recovery. After a crash on I-25, US-70, or a wind-and-dust pileup on I-40, people often focus on the gross settlement number and are shocked by what is left after deductions. Ask whether the percentage changes if a lawsuit has to be filed, who advances costs, and whether costs are taken out before or after the fee is calculated.
In New Mexico, there is no single standard percentage required by law for most accident cases, but attorney fees must still be reasonable under Rule 16-105 NMRA. The agreement should be in writing. If the claim involves a minor or a wrongful death estate, court approval may also affect how fees and payouts are handled.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
Find out what your case is worth →