Legal Fee Contingency Calculator
Calculates how a personal injury or lawsuit settlement is split between attorney fees, case costs, medical liens, and your net payout. Use it when reviewing a contingency fee agreement before signing or after receiving a settlement offer.
About this calculator
In a contingency fee arrangement, the attorney receives a percentage of the settlement only if the case is won. The split depends on whether the fee is taken from the gross settlement or the net-after-costs amount. Gross method: clientPayout = settlementAmount − (settlementAmount × contingencyRate) − caseCosts − medicalLiens. Net method: clientPayout = settlementAmount − caseCosts − ((settlementAmount − caseCosts) × contingencyRate) − medicalLiens. Under the gross method, attorney fees are calculated on the full settlement before deducting case costs, which benefits the attorney. Under the net method, costs are deducted first, reducing the base on which the fee percentage is applied, which benefits the client. Medical liens and subrogation claims are deducted last, representing repayment obligations to insurers or healthcare providers. Understanding which method your contract uses can mean thousands of dollars of difference in your take-home amount.
How to use
Settlement = $100,000, contingency rate = 33% (0.33), case costs = $5,000, medical liens = $10,000, gross method. Step 1 — Attorney fee: $100,000 × 0.33 = $33,000. Step 2 — Subtract fee and costs: $100,000 − $33,000 − $5,000 = $62,000. Step 3 — Subtract liens: $62,000 − $10,000 = $52,000 client net payout. Under the net method: ($100,000 − $5,000) × 0.33 = $31,350 fee; $100,000 − $5,000 − $31,350 − $10,000 = $53,650 — $1,650 more for the client.
Frequently asked questions
What is the difference between gross and net contingency fee calculations?
The gross method calculates the attorney's percentage from the total settlement before any costs are deducted, giving the attorney a larger fee. The net method first subtracts case expenses from the settlement, then applies the percentage to the reduced amount, resulting in a lower attorney fee and higher client payout. On a $100,000 settlement with $5,000 in costs at 33%, the gross method yields a $33,000 fee versus $31,350 under the net method. Always confirm which method your retainer agreement specifies before signing.
What are medical liens and how do they reduce my settlement payout?
Medical liens are legal claims placed on your settlement by healthcare providers, health insurers, or government programs like Medicare and Medicaid that paid for your injury treatment. They must be repaid before you receive your net payout. Lien amounts are often negotiable — attorneys routinely reduce them by 20–50% — so your actual deduction may be less than the original lien amount. Failing to resolve medical liens can result in legal action against you even after the settlement is paid.
What is a typical contingency fee percentage for personal injury cases?
Standard contingency fees in personal injury cases range from 25% to 40%, with 33% (one-third) being the most common rate for pre-trial settlements. Cases that go to trial or appeal often carry higher rates — 40% or more — due to the additional time and risk involved. Some states cap contingency fees by statute, particularly in medical malpractice cases. Fee percentages are negotiable, especially in high-value cases where the expected recovery justifies a lower percentage.