How Much Does a Motorcycle Accident Lawyer Cost in Illinois? Real Numbers, Fee Structures & What to Expect!

Last updated Friday, August 14th, 2026

Motorcycle Accident Lawyers – Their Costs and Fees

Although it may take a while to figure out the financial aspects of hiring a motorcycle accident attorney after a wreck, learning how he or she gets paid can make a big difference in how much money you ultimately get back. Fortunately, many motorcycle attorneys in Illinois use a contingency fee system; therefore, you do not need to pay a retainer, and you will only pay a fee if he or she wins your case.

Most motorcycle accident lawyers work on a contingency fee basis and charge no upfront attorney fees. Instead, they will receive an agreed percentage of the compensation they recover for you from your case. Most commonly, that percentage is between one third to 40%. However, the actual amount depends on the lawyer, how complex the case is, and whether it needs to be filed as a lawsuit or trial. You may also have responsibility for case expenses such as court filing fees, medical records, depositions, and expert witnesses. Your written agreement should explain both the fee percentage and who is responsible for these case expenses

Below, this article describes the specifics of contingency fee arrangements, common contingency fee percentages associated with Illinois motorcycle accident cases, examples of settlements and their corresponding calculations to help explain the process better, and what you should ask prior to retaining someone.

How motorcycle accidents differ from automobile crashes and the legal landscape

Motorcycles are very dangerous compared to automobiles and account for only 1.11 percent of registered vehicles in Illinois. However, Illinois motorcycles accounted for 13.8 percent of fatal vehicle crashes in the state. Motorcyclists injured in wrecks also suffer serious injuries such as broken bones, spinal cord injuries, head trauma, and road rash, which may require skin grafts. Medical bills quickly become substantial.

Another area where motorcycle accidents differ from automobile accidents is the bias against motorcyclists. Injuries suffered by motorcyclists may be viewed by juries and/or insurance adjusters as being due to reckless behavior. Although this is unfair, it is a legitimate concern. To overcome this bias and demonstrate that a motorcyclist was not acting negligently in causing his or her own injury, an experienced attorney is necessary, along with proof of the defendant’s liability through accident reconstruction, expert testimony, and presentation of the motorcyclist’s version of events.

Additionally, below are a couple of specific issues relating to Illinois:

• No helmet law. Illinois has no requirement for motorcyclists to wear helmets, and whether or not a motorcyclist wore a helmet at the time of the accident generally will not be relevant in determining the extent of damages.

• Comparative negligence. Illinois uses a “modified comparative negligence” approach. The extent of your damages will be diminished in direct correlation to your degree of fault as it relates to the causation of your injuries. Damages can still be recovered if an injured party was 50% or less at fault. If an injured party was more than 50% at fault, they will not have a right to recover their damages.

• Statute of limitations. You have two years from the date of your motorcycle accident to file a personal injury lawsuit in Illinois. While this appears to provide you with sufficient time to address your medical needs and begin recovering from your injuries, it is possible for time to slip by while focusing on those needs.

How contingency fee arrangements work

As stated above, contingency fees are an arrangement under which your attorney receives payment only if he/she obtains a Settlement or verdict for you. Your attorney does not earn a fee if he/she does not obtain any compensation for you. There are no retainer fees or hourly charges while your case is pending.

Your attorney earns a percentage of your total Settlement award. Typical percentages for personal injury and motorcycle accident Cases in Illinois range from 33% to 40%, and are as follows:

• Pre-lawsuit settlement: Attorneys generally charge approximately 33% (One-third) if your case settles prior to filing a lawsuit.
• Post-filing lawsuit: Many attorneys increase their fee percentage once litigation commences; however, it most commonly ranges from 35-40% after filing a lawsuit.
• Trial: In the event that your case proceeds to Trial, some attorneys charge up to 40% or slightly higher. Increased hours and expenditures justify higher rates for Trial work.

Rarely, attorneys may charge lower fees in particularly complicated Cases, e.g., medical malpractice Cases in Illinois are capped at One-third by statute; however, personal injury Cases involving motorcycle accidents are generally negotiable between you and your attorney. Regardless, please ensure that you confirm the applicable fee percentage(s) prior to signing an agreement.

What expenses count as “case costs”, and which party must pay them?

Legal fees represent the monetary value that is charged to you for services rendered by your attorney during the course of your case. Case Costs refer to the additional expenses incurred by your attorney in the preparation and prosecution of your case. Examples of case Costs include:

1. Court filing fees,
2. Medical record retrieval fees,
3. Fees paid to expert witnesses (e.g., accident reconstruction),
4. Transcription Costs associated with deposition testimony,
5. Postage/fax/copy/document preparation/other administrative charges,

Generally speaking, case costs can run anywhere from $0-$10,000+ per case, depending on how extensive the number and type of expert witnesses needed to prove your claim are.

Many law firms advance costs on behalf of clients throughout the pendency of their case. As a result, costs advanced by the law firm can either be deducted from your final settlement award or reimbursed to the law firm in the event that your case is lost. Prior to retaining an attorney, you should review their cost provisions in detail and specifically inquire as follows: “Are there any costs that I would be liable for in the event that my case is lost?” The response should clearly indicate how costs will be treated in the event of a loss.

Related Article(s)

What to Do After a Motorcycle Accident in Chicago

Illinois Comparative Fault & Motorcycle Accidents

Actual Numbers: How much does it cost to hire a motorcycle accident attorney?

For illustrative purposes, let’s consider some hypothetical examples. Settlement awards obtained by plaintiffs in motorcycle accident lawsuits vary greatly according to several factors, including the severity of the plaintiff’s injuries, the extent of the defendant’s culpability, and the applicable insurance limits. A recent study revealed that the average Settlement awarded in Illinois motorcycle accidents is $1,145,475, and the median is $417,500. Please note that these figures reflect all types of motorcycle accidents, ranging from minor soft-tissue injuries to catastrophic injuries and fatalities. Nevertheless, they give an idea of the potential size of settlements.

The Percentage factor – why every case does not get quoted at 33%

Not all cases are quoted the same. There are several factors that will drive that number up.

1. Liability disputes and complexity. If it is unclear who caused the accident, then the attorney will need to spend more time developing your case. Accident reconstruction, witness interviews, expert consultant fees – all take time and money.
2. Injury severity. While more serious cases do not necessarily result in higher percentages, they usually require more experts to testify and doctors to analyze your injuries, thus increasing your costs regardless of the Percentage.
3. Number of defendants. If there were multiple parties to the collision, if the roadways are defective, or if a manufacturer’s product was responsible for your accident, then the amount of legal work required increases.
4. Likelihood of trial. If the insurance company is strongly disputing your claim and contesting liability, then the case could likely end up at trial. Attorneys consider the possibility of trial when determining their fee.
5. Bias against motorcyclists. Attorneys are aware that motorcycle cases require additional expert testimony to combat the natural anti-motorcycle bias of jurors. That is why finding a motorcycle-specific attorney is worthwhile. General personal injury attorneys who do not frequently handle motorcycle accident cases will typically underestimate the resources needed to develop a successful claim.
6. Experience and specialization of an attorney. A motorcycle accident attorney who specializes in motorcycle accidents and has achieved success in numerous cases may charge a slightly higher Percentage; however, he/she often achieves much higher settlement values due to his/her understanding of the dynamics involved. Even though the total to you may be lower based on the higher Percentage, the overall net to you may be greater.
7. Sliding scale fees. Some firms offer sliding scale fees, especially for those injured catastrophically, such as children or individuals whose lives will be drastically altered. Don’t be afraid to inquire.

More than just a number: how a good motorcycle accident lawyer helps your claim

The Percentage is the obvious expense. However, the tangible benefits a competent motorcycle accident attorney provides to your claim are not as evident.

• Reducing medical liens. If Medicaid, Medicare, an insurance company, etc., has already paid your medical expenses due to the accident, they will probably file a lien (a claim) on your award. The amount you are liable for depends upon the laws governing these programs as well as their respective policies. Sometimes this claim can be negotiated down, allowing the injured party to keep more of their settlement.
• Preserving evidence. Accident reconstruction, dash cam video, witness statements, black box information from other vehicles – these items disappear quickly. A responsive attorney can secure them prior to disappearance.
• Handling insurance company communication. Insurance adjusters are trained to limit payments to you. Their job is to minimize payouts regardless of their demeanor. A responsive attorney can manage communication with the insurance company so you do not inadvertently undermine your claim through improper communications.
• Recovering costs for bike/gear damage. A motorcycle accident attorney knowledgeable regarding motorcycle accidents understands to seek recovery for damage to your motorcycle, as well as other equipment damaged during the incident, i.e., helmets, jacket, gloves, etc.. Damages to bikes/gear are rarely included in general personal injury claims.
• Trials when necessary. Although most cases are settled, having an attorney that is prepared to bring a case to court if needed gives you better bargaining power with the insurance company. However, just because the claimant files suit doesn’t mean the insurance company has an automatic duty to make or keep a fair settlement offer. Trials can be filed when appropriate.

Motorcycle Safety Lawyers has over 35 years of combined experience working exclusively on motorcycle accident claims. The staff at Motorcycle Safety Lawyers is immersed in the motorcycling community throughout the entire year, not merely when riders become injured, by providing financial support for accident scene management training classes, providing complimentary reviews of insurance policies, attending public events, etc. This involvement within the community translates into the ability for staff members at Motorcycle Safety Lawyers to better comprehend what issues matter to motorcyclists, issues that a general practice law firm without similar involvement would commonly fail to appreciate.

Choosing the correct motorcycle accident lawyer in Illinois

Consultations regarding potential representation are provided free of cost by virtually all attorneys. Utilize these free consultations. Below is a list of questions to pose to a prospective attorney during that first meeting:

1. What is your contingency fee percentage, and does it vary if your case goes to trial?
2. Is your fee calculated using the gross settlement amount or the net after deducting all applicable expenses?
3. Who bears responsibility for paying case expenses if your case is unsuccessful?
4. How many motorcycle-related accident cases have you represented clients in Illinois?
5. Will you personally represent me, or will you refer my case to another attorney (i.e., an associate attorney) for representation?
6. What method(s) will you use to keep me updated on developments regarding my case, and approximately how frequently can I anticipate receiving communications from you?
7. Can you demonstrate some examples of past successes with motorcycle accident cases or provide references?
8. Do you have experience handling cases requiring accident reconstruction, hiring expert witnesses, or dealing with other unique aspects associated with motorcycle-related claims?
9. Are you familiar with the various biases faced by motorcyclists while attempting to establish credibility with juries?
10. You should also look at how long he/she has been practicing, check if they are registered with the state and check for any disciplinary action in his past via the Illinois Attorney Registration and Disciplinary Commission, see if they have won any major awards or has had any significant recognition from their peers, and find out if they care about motorcycle riders, or just views you as a case number.

If an attorney attempts to pressure you into agreeing to engage their services at the conclusion of a consultation, you should terminate discussions with them immediately.

Commonly asked questions about hiring a motorcycle accident lawyer

Am I required to pay anything up front for the services of a motorcycle accident attorney?

No. With a contingency fee arrangement, you do not have to pay anything to initiate an action. You only pay attorney’s fees if your attorney recovers money for you.

What percentages do motorcycle accident lawyers charge in Illinois?

Typically, motorcycle accident attorneys charge in the range of 33% to 40%. Many law firms charge 33% for settled cases prior to filing a lawsuit and a higher Percentage if the case proceeds through litigation. Prior to entering into a fee agreement, confirm both the exact Percentage and when it applies.

How much time do I have to file my motorcycle accident claim in Illinois?

According to the Illinois statute of limitations, you have 2 years from the date of the accident to file your claim. Failure to comply with this time frame generally extinguishes your rights to file suit. If you are nearing the two-year anniversary of your accident, please contact an attorney immediately.

May I still recover compensation if I was not wearing a helmet during the collision?

Yes. Illinois has no statutory requirement for motorcyclists to wear helmets; the fact that you did not wear a helmet generally cannot be used as grounds to diminish your award. Any attempt made by an insurer or opposing counsel to utilize such reasoning should be challenged vigorously.

What happens if my case is unsuccessful?

Generally speaking, with contingency agreements, you will owe no attorney fees unless/until your attorney recovers monies for you in either a settlement or judgment. Depending upon your particular fee agreement, whether or not you will owe reimbursement for expenditures incurred by your attorney in pursuing your case will depend on your specific agreement terms. Please ensure that you receive answers regarding this prior to signing any fee agreement.

Will I be able to obtain recovery if I was partially responsible for the accident?

Yes, that is correct; it is based upon how much liability you have. The state of Illinois utilizes a Modified Comparative Negligence standard. In using this type of system, if you are found to be no greater than 50% liable in the accident, you can receive an award. However, your award will be adjusted by the amount of your percentage of liability (i.e., if you were 30% at fault, you would receive 70% of what the jury awarded). If you are determined to be greater than 50% liable, then you will lose your right to seek damages.

This type of issue is precisely why retaining an experienced motorcycle accident attorney who can advocate on your behalf is vital, because insurance companies will continually strive to increase your Percentage of fault.