Attorney's fees are always negotiable. As you interview attorneys to handle your injury case, you should bring up the fee arrangement. Most lawyers will immediately say something like 'one-third is the industry standard,' and that's true. But just like there is no 'average settlement', there is no 'average lawyer's fee'. If you've got an excellent case, liability is clear, the damages are significant, and there's adequate insurance coverage, you should be able to negotiate a favorable fee agreement. On the other hand, if your case involves contention about liability or the cause of your injury, a lawyer will probably not accept a lower fee, because there is too much risk of losing. See: Negotiating Reduced Personal Injury Lawyer Fees