Some personal injury attorneys will work according to a set fee on certain cases, but it is unusual. Since they do not know what amount may be awarded, if any, it is difficult to determine a set amount. Also, if the case goes to trial there are numerous other expenses that must be covered, including some, if not all, of the following: depositions, expert fees, accident re-creation, medical records and copying. Personal injury attorneys generally charge by percentage due to the many unknowns in tort litigation. You also would want to protect yourself. If, for example, settled with your attorney beforehand that he would be paid a sum of $10,000.00 for his work and then a jury awards $15,000.00, you would be very dissatisfied. If, however, you have a claim against a defendant in which arbitration/mediation is your only recourse, then it is possible that an attorney will be more likely to work based on a set fee since arbitration/mediation usually includes a low settlement offer and a high offer and you may be able to come to an agreement that basically says, if you are awarded in the range of x dollars, then the attorney will be paid x.

Yes, make sure that you come to that disclosure in the discovery phrase with your attorney. You should already have the fee scope out and an idea of the range your claim will be in prior to it being awarded. Each state varies but here is a good resource for CA Personal injury: http://www.ledgerlaw.com/practice_personal_injury.asp