Our Fee Structure for Tennessee Car, Motorcycle, and Truck Accident Cases 

When you hire a personal injury lawyer after a serious car accident, motorcycle accident, or commercial truck accident, the attorney fee is an important part of the decision. However, the percentage listed in a contingency fee agreement does not always tell the whole story. Two Tennessee personal injury law firms can both handle cases on a contingency fee basis while charging their clients very different amounts once all fees and expenses are considered. The contingency fee percentage matters, but so do case expenses, interest charges, medical record fees, lien resolution fees, administrative charges, technology fees, and other costs that may be included in the attorney fee agreement. 

At The Law Offices of John Day, P.C., we believe people should understand how their personal injury lawyer will be paid before deciding which law firm to hire. Our attorneys represent people injured in car accidents, motorcycle accidents, commercial truck accidents, and other personal injury cases throughout Tennessee. With offices in Nashville, Brentwood, and Murfreesboro, our firm serves injured people and families across Middle Tennessee and throughout the state. 

For more than three decades, we have represented Tennesseans injured because of the fault of others, as well as families who have lost loved ones in wrongful death cases. During that time, we have made deliberate choices about how we structure attorney fees and case expenses in automobile, motorcycle, and truck accident cases. This page explains those choices and how our fee structure compares with some of the other arrangements Tennessee personal injury clients may encounter. 

If you have not already read our guide on how to review a personal injury or wrongful death fee agreement, we encourage you to start there. That guide explains the terms consumers should consider when comparing personal injury attorneys, including contingency fee percentages, case expenses, interest, lien resolution charges, dispute resolution provisions, and other contract terms. This page takes the next step by explaining how The Law Offices of John Day, P.C. handles those issues in our own car, motorcycle, and truck accident cases. 

Our Contingency Fee for Tennessee Car, Motorcycle, and Truck Accident Cases 

The Law Offices of John Day, P.C. charges a contingency fee of 33.33 percent of the gross recovery in the automobile and truck wreck cases covered by this fee structure, and we have not increased that fee in more than three decades. That is an intentional decision. Some personal injury law firms charge a 40 percent contingency fee, and while the difference between 33.33 percent and 40 percent may initially sound relatively small, the difference becomes much more significant when you look at the amount of money involved. 

Increasing a contingency fee from 33.33 percent to 40 percent means the law firm receives approximately 20 percent more in attorney fees on the same recovery. We have chosen not to make that increase because we believe a 33.33 percent contingency fee is a fair rate for the automobile, motorcycle, and commercial truck personal injury and wrongful death cases covered by this fee structure. We have been able to earn a good living representing injured Tennesseans at that rate, and we do not believe we need to increase our fee simply because some other personal injury law firms have chosen to charge more. 

What Is the Difference Between a 33.333 Percent and 40 Percent Personal Injury Attorney Fee? 

The difference becomes easier to understand when actual numbers are involved. Suppose a Tennessee car accident case results in a gross recovery of $100,000. At a 33.333 percent contingency fee, approximately $33,333 would be paid as the attorney fee. At a 40 percent contingency fee, $40,000 would be paid to the attorney. That is a difference of approximately $6,667 on the same $100,000 recovery. 

The difference becomes even more significant in a larger personal injury or wrongful death case. If a serious truck accident case results in a gross recovery of $1 million, a 33.333 percent contingency fee would be approximately $333,333. A 40 percent contingency fee would be $400,000, resulting in a difference of approximately $66,667. 

Attorney fees are certainly not the only consideration when choosing a Tennessee personal injury lawyer. Experience, resources, communication, preparation, knowledge of Tennessee law, and the ability to properly investigate and pursue a case are also important. However, clients should understand what they are paying for those legal services. We believe people considering a personal injury law firm should understand both the percentage being charged and what that percentage could mean in actual dollars before signing an attorney fee agreement. 

Why Has The Law Offices of John Day, P.C. Kept Its Fee at 33.33 Percent? 

Personal injury law firms are businesses, and different firms make different decisions about how they operate. Some firms spend substantial amounts of money on television commercials, billboards, internet advertising, and other forms of marketing, and some firms have also increased the contingency fees they charge their clients. 

At The Law Offices of John Day, P.C., we have been able to earn a good living while maintaining a 33.333 percent contingency fee in the automobile, motorcycle, and truck personal injury and wrongful death cases covered by this structure. We do not believe we need to increase that fee simply because another firm charges 40 percent, even though doing so would materially increase our profitability 

That philosophy also influences how we handle case expenses. Our clients are responsible for legitimate expenses associated with investigating and pursuing their cases, but we do not believe the ordinary cost of operating our law firm or performing work traditionally handled by a personal injury law firm should automatically become another charge to the client. Understanding that distinction is important when comparing personal injury attorney fee agreements. 

How We Handle Case Expenses in Personal Injury Cases 

Attorney fees and case expenses are different. The contingency fee is the amount paid to the law firm for its legal services, while case expenses are the actual out of pocket costs associated with investigating, developing, and pursuing a client’s personal injury or wrongful death case. 

Like other personal injury law firms in Tennessee, The Law Offices of John Day, P.C. charges clients for legitimate case expenses incurred while pursuing their claims. Depending on the case, those expenses may include expert witness fees, court reporter expenses, court filing fees, deposition costs, charges for medical records, costs associated with professionally prepared exhibits, and other expenses necessary to properly investigate and pursue the case. 

The amount of those expenses can vary considerably depending on the nature of the case. A relatively straightforward automobile accident claim may require substantially fewer expenses than a complicated commercial truck accident or wrongful death lawsuit involving multiple expert witnesses, extensive discovery, numerous depositions, accident reconstruction, and trial preparation. Those legitimate expenses are part of pursuing the client’s case, but they are different from the law firm’s ordinary overhead. 

At The Law Offices of John Day, P.C., we do not attempt to shift the ordinary cost of doing lawyer work or running our law firm to our clients by simply labeling those expenditures as additional case costs. 

How We Handle Medical Record Expenses 

Medical records and medical bills are important evidence in many Tennessee personal injury cases. They help our attorneys understand a client’s injuries, treatment, diagnoses, prognosis, medical expenses, and other issues that may affect the value and preparation of the case. A significant injury case can involve records from hospitals, physicians, surgeons, physical therapists, diagnostic facilities, and many other healthcare providers, which means obtaining and organizing those records can involve a substantial amount of work. 

Some personal injury law firms outsource this work to third party medical records retrieval companies. The outside company charges the law firm for performing the work, and that additional vendor fee may then be passed along to the client as a case expense. Over the life of a case involving treatment from numerous providers, those additional charges can increase the client’s total expenses. 

The Law Offices of John Day, P.C. takes a different approach. We use our own staff to obtain medical records and medical bills and pass along only what the healthcare provider itself charges for the records. We do not add a separate fee for a third- party records retrieval vendor. Our firm has handled this work internally for more than three decades. 

Using our own employees to perform this work obviously costs the firm money, but we consider that part of operating our law firm and delivering service to our clients. When comparing Tennessee personal injury lawyers, clients should therefore ask not only whether they will be charged for medical records, but also how those records will be obtained and whether an outside vendor will add another charge. 

We Do Not Charge File Opening, Software, or AI Fees 

Opening a new personal injury case requires work from a law firm’s attorneys and staff. Information must be entered into the firm’s systems, documents must be organized, internal files must be established, and employees must perform a variety of administrative tasks to begin the representation. We consider that work part of the ordinary cost of operating a law firm, which is why The Law Offices of John Day, P.C. does not charge personal injury clients a separate file opening fee. 

The same philosophy applies to the technology we use. Modern law firms rely on case management systems, document management programs, legal research tools, communication platforms, artificial intelligence technology, and other software to help attorneys and staff do their jobs. Those systems cost money, but we believe the technology a law firm chooses to use internally is part of its cost of doing business. 

For that reason, we do not separately bill our clients for software or artificial intelligence tools used in the ordinary handling of their cases. When reviewing another personal injury firm’s fee agreement, it is worth determining whether the contract allows charges for file opening, administration, technology, software, artificial intelligence, or other internal law firm expenses because those charges can affect the client’s ultimate recovery. 

How We Handle Medical Liens and Reimbursement Claims 

Resolving a personal injury case can involve more than negotiating a settlement or obtaining a verdict. Medical providers, health insurance companies, ERISA plans, Medicare, Medicaid, and other entities may have reimbursement rights or liens that must be addressed before the client receives the final proceeds from a settlement or judgment. Properly addressing those claims is an important part of a personal injury lawyer’s work because reducing a valid lien or reimbursement obligation can potentially increase the amount of money remaining for the client. 

Some personal injury law firms outsource lien resolution to a third- party company and then pass the company’s fee along to the client. In some arrangements, that additional charge is calculated as a percentage of the amount the lien resolution company claims to have saved the client. This means the client may pay an additional lien resolution charge on top of the law firm’s regular contingency fee. 

The Law Offices of John Day, P.C. generally does not charge clients separately for routine lien resolution. We handle that work in- house as part of the legal services covered by our attorney fee. There can be very unusual circumstances in which a lienholder refuses to negotiate and separate litigation becomes necessary specifically to resolve the lien. If additional litigation is required, that legal work is handled as a new litigation matter and we will discuss how we will be compensated for that additional work.  This type of discussion is necessary in less than 1% of cases.  

This is an important issue to ask about when comparing personal injury law firms. A gross settlement is not necessarily the amount a client ultimately receives. Attorney fees, legitimate case expenses, and valid liens or reimbursement obligations may all need to be paid. If a separate lien resolution company is also receiving a fee, that creates another expense that can reduce the client’s net recovery. 

We Do Not Charge Interest on Advanced Case Expenses 

Some personal injury cases require substantial expenses before they can be successfully resolved. A commercial truck accident case, for example, may require expert witnesses, depositions, accident reconstruction, extensive records, professionally prepared exhibits, and other expenses. Complex wrongful death cases can also require significant expenditures as they are investigated and litigated. 

Some personal injury law firms charge interest on the case expenses they advance. A fee agreement might permit the firm to charge interest of as much as 1.5 percent per month on those expenses. When a complex case takes a year or several years to resolve, those interest charges can add thousands of dollars to the amount ultimately deducted from the client’s recovery. 

The Law Offices of John Day, P.C. does not charge interest on advanced case expenses. If we advance an appropriate expense necessary to pursue a client’s case, we do not treat that expense as a loan generating additional interest for our firm while the personal injury case is pending. 

This is another reason why comparing only the contingency fee percentages charged by personal injury lawyers can provide an incomplete picture. Clients should understand both the attorney fee and the way the law firm handles expenses before deciding which firm to hire. 

How Attorney Fees and Interest Can Affect a $1 Million Recovery 

The combined effect of a higher contingency fee and interest on case expenses can become substantial in a significant personal injury or wrongful death case. Consider an illustrative case involving a $1 million gross recovery and $40,000 in reimbursable case expenses. 

Under a hypothetical fee structure charging a 40 percent contingency fee, the attorney fee would be $400,000. Under The Law Offices of John Day, P.C.’s 33.33 percent structure, the attorney fee would be approximately $333,333. The difference in attorney fees alone would be approximately $66,667. 

If the hypothetical 40 percent fee agreement also resulted in approximately $7,200 of interest on the $40,000 in case expenses, approximately $447,200 would be paid for the attorney fee, reimbursed costs, and illustrative interest. Under our structure, approximately $373,333 would account for the attorney fee and the same $40,000 of reimbursed case expenses, with no interest charged. That represents a difference of approximately $73,867. 

In this example, approximately $73,867 more would remain available to the client under our fee and expense structure before considering medical liens or other obligations that may need to be paid from the recovery. 

These figures are provided only as an illustration. Every personal injury case is different, expenses vary from case to case, and the timing of those expenses can also vary. The example is simply intended to demonstrate how the contingency percentage and treatment of case expenses can have a meaningful effect on the amount ultimately available to the client. 

How Our Fee Agreement Handles Disputes 

The financial provisions are not the only parts of a personal injury attorney fee agreement worth reviewing. Potential clients should also understand what the contract says will happen if a disagreement develops between the client and the law firm.  We have had very disagreements with our clients over the years, and never had a client file a lawsuit against our firm, but we recognize that it is always possible that this could happen.  

Some attorney fee agreements contain mandatory arbitration clauses that require such disputes to be resolved through private arbitration rather than in a public courtroom. Some agreements also contain fee shifting provisions, sometimes described as loser pays provisions, which may require the unsuccessful party in a dispute to pay the other party’s attorney fees. 

The Law Offices of John Day, P.C. does not include arbitration clauses or loser pays provisions in our personal injury fee agreements. As indicated, disagreements between our firm and our clients are extremely rare, but if a question or concern develops, we believe the first step should be open, honest, and direct communication. If a dispute can not be resolved directly, our agreement does not require the client to pursue the matter through private arbitration. We believe an unresolved dispute should be addressed in a public courtroom rather than through mandatory private arbitration. 

Finally, we do not require our clients to sign a fee agreement which says that in the event of a disagreement the losing party must pay the other party’s attorneys’ fees.  We believe that is unfair to our clients.  

You Can Speak With a Lawyer Before Signing Our Fee Agreement 

Technology has made hiring a lawyer more convenient, and The Law Offices of John Day, P.C. sends fee agreements electronically by text message and email and accepts electronic signatures. However, convenience should not prevent someone from asking questions before entering into an attorney client relationship. 

Some firms may require a potential client to sign an agreement before speaking with an attorney. That is not our approach. If you are considering hiring The Law Offices of John Day, P.C. and have questions about our fee agreement, we will make an attorney available to speak with you before you decide whether to hire us. 

A personal injury or wrongful death case can last months or even years, and the relationship between a client and law firm can therefore be an important and long- term professional relationship. We want potential clients to understand the agreement and have an opportunity to ask questions before making that decision. 

Compare Personal Injury Law Firm Fees Before Hiring a Lawyer 

We encourage people to make an informed decision when choosing a Tennessee personal injury lawyer, even if the law firm they ultimately choose is not ours. If you are comparing personal injury attorneys, ask each law firm the same questions and compare the answers. 

Find out the exact contingency fee percentage and whether that percentage changes after a lawsuit is filed, at trial, or on appeal. Determine what the firm considers a case expense and whether it charges interest on advanced expenses. Ask how medical records are obtained and whether an outside retrieval company will create additional costs. Find out whether there are file opening, administrative, technology, software, or artificial intelligence charges. 

You should also ask how the firm handles medical liens and health insurance reimbursement claims, whether that work is performed by the firm’s attorneys and staff, and whether an outside lien resolution company will charge an additional fee. Review the dispute provisions in the agreement and determine whether you are agreeing to private arbitration or a loser pays provision. Finally, ask whether you can speak with an actual attorney about the agreement before signing it. 

The lowest attorney fee does not automatically mean a particular law firm is the right choice for a particular case. Experience, resources, communication, and the ability to properly investigate and pursue a claim matter too. However, you should understand what each law firm will charge and what services are included in that fee before deciding who to hire. 

Tennessee Personal Injury Lawyers With More Than Three Decades of Experience 

The Law Offices of John Day, P.C. has represented personal injury and wrongful death clients in Tennessee for more than three decades. Our attorneys handle cases involving serious car accidents, commercial truck accidents, motorcycle accidents, medical malpractice, defective products, unsafe property, nursing home negligence, sexual abuse, and other incidents resulting in serious injury or death. Personal injury and wrongful death law have been a focus of our firm throughout its history. 

That experience matters because serious personal injury cases can involve much more than communicating with an insurance adjuster. A significant automobile or truck accident claim may require investigation of the collision, preservation of evidence, review of medical records, consultation with expert witnesses, depositions, litigation, negotiation of medical liens, evaluation of future medical needs, preparation for trial, and a detailed understanding of Tennessee personal injury and wrongful death law. 

Our fee structure reflects how we believe those cases should be handled. We charge our agreed contingency fee and legitimate expenses associated with pursuing the client’s case, but we do not believe every internal expense associated with operating our law firm should become another charge on the client’s settlement statement. 

Personal Injury Lawyers Serving Nashville, Brentwood, Murfreesboro, and All of Tennessee 

The Law Offices of John Day, P.C. has offices in Nashville, Brentwood, and Murfreesboro and represents personal injury and wrongful death clients throughout Tennessee. Our Nashville office serves clients in Davidson County and surrounding communities, while our Brentwood office provides convenient access for clients in Williamson County, including Brentwood, Franklin, Spring Hill, and nearby communities. Our Murfreesboro office serves clients in Rutherford County and other communities throughout Middle Tennessee. 

Our representation is not limited to people who live near one of our offices. The attorneys at The Law Offices of John Day, P.C. handle personal injury and wrongful death cases throughout Tennessee, representing injured people and families in Middle Tennessee, East Tennessee, and West Tennessee. Whether an accident occurred in Nashville, Franklin, Brentwood, Murfreesboro, Clarksville, Cookeville, Chattanooga, Knoxville, Jackson, Memphis, or another Tennessee community, our attorneys can evaluate whether we may be able to help. 

Our statewide practice gives injured Tennesseans the opportunity to work with attorneys who focus on serious personal injury and wrongful death cases without limiting their search to the law firm physically closest to their home. 

Talk With a Tennessee Car, Motorcycle, or Truck Accident Lawyer 

If you have been injured in a car accident, motorcycle accident, or commercial truck accident in Tennessee, understanding the cost of hiring an attorney should be part of choosing the law firm that will represent you. Before signing an agreement, make sure you understand the contingency percentage, what case expenses you will be responsible for paying, whether interest can be charged, how medical records and liens will be handled, whether there are additional administrative or technology charges, and what the contract says will happen if a dispute arises. 

If you are considering The Law Offices of John Day, P.C., we are happy to explain our fee structure and answer questions about what it would mean for your particular situation before you decide whether to hire us. Our personal injury lawyers represent clients throughout Tennessee from offices in Nashville, Brentwood, and Murfreesboro. 

We would rather you make an informed choice about the law firm you hire than sign an agreement without understanding what it means. 

This page describes the current fee practices of The Law Offices of John Day, P.C. for the automobile, motorcycle, and truck accident cases discussed above as of October 2026. It is provided for general informational purposes and does not guarantee the terms of any particular representation. Attorney fee agreements are individually signed contracts, and the terms of the agreement signed by the client and the law firm govern the representation.