Standard rates: 33.33% (pre-trial), 40% (post-filing), 45% (at trial)
"Fee on Gross" calculates the attorney fee on the full settlement. "Fee After Costs" deducts case expenses first, then applies the percentage.
Deductions
Filing fees, expert witnesses, depositions, medical records
Enter case details and click calculate.
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Introduction
A personal injury attorney who accepts a case with $25,000 in economic damages and a 2x injury multiplier on a 33% contingency fee will collect $16,667 -- but only if the case settles before litigation. File suit and the same fee jumps to 40%, leaving the client $10,000 less at the same settlement value. Most clients do not understand this structure until the check arrives. According to the American Bar Association's profile of the legal profession, contingency fee arrangements are the primary access mechanism for personal injury representation, yet fee transparency remains one of the most common sources of client dissatisfaction. This calculator breaks down the full contingency fee math -- by case stage, net-to-client after costs and liens, and across a range of settlement values -- so attorneys and clients are aligned before the retainer is signed.
What This Calculator Does
This contingency fee calculator computes attorney fees, case costs, medical liens, and net-to-client payout for personal injury and similar contingency-fee cases. It calculates fees at three case stages (pre-litigation, post-filing, and trial), supports custom fee percentages, and shows how each variable -- settlement amount, fee percentage, case costs, and medical liens -- affects the client's take-home amount.
The Formula
The contingency fee is a straight percentage of the gross settlement or judgment amount before any deductions. Case costs (filing fees, expert witness fees, medical record retrieval, deposition transcripts) are typically deducted from the settlement after the attorney fee is calculated -- though some fee agreements deduct costs first. Medical liens from health insurers, Medicare, and Medicaid must also be repaid from the settlement. The net-to-client is whatever remains after all deductions.
Step-by-Step Example
Enter the settlement amount
Gross settlement offer: $95,000.
Select the case stage and fee percentage
Post-filing (litigation has begun): standard fee is 40%. Attorney fee: $95,000 x 0.40 = $38,000.
Enter case costs and medical liens
Case costs advanced by attorney: $8,200. Medical liens: health insurer $12,000 (after negotiation). Total deductions: $38,000 + $8,200 + $12,000 = $58,200.
Calculate net-to-client
Net to client: $95,000 - $58,200 = $36,800 (38.7% of the settlement). Before accepting the offer, run the same math on a $110,000 counter-demand to show the client their incremental net gain.
Real-World Use Cases
Client Intake Transparency
An attorney presents three settlement scenarios at intake -- $60,000, $90,000, and $120,000 -- showing the net-to-client at each amount after fees, costs, and expected medical liens. The client understands that a $120,000 settlement at trial nets less than a $90,000 pre-suit settlement once the 40% trial fee and $15,000 in additional litigation costs are applied.
Settlement Demand Letter Calculation
Before sending a demand letter, the attorney confirms that the $110,000 demand, if accepted, will net the client a minimum of $55,000 after all deductions -- meeting the client's stated minimum acceptable net. If the demand is too low, the math shows it before the letter goes out.
Co-Counsel Fee Splitting
A referring attorney and trial counsel have a co-counsel agreement splitting a 40% contingency fee 60/40. On a $200,000 settlement: total fee $80,000. Referring counsel: $32,000. Trial counsel: $48,000. Both counsel must disclose the split to the client in writing under most state bar rules.
Comparison
| Case Stage | Typical Fee % | On $80K Settlement | On $150K Settlement | Net to Client (No Costs) |
|---|---|---|---|---|
| Pre-litigation (demand phase) | 33.33% | $26,664 | $50,000 | 66.67% of settlement |
| Post-filing (litigation begun) | 40% | $32,000 | $60,000 | 60% of settlement |
| Trial | 45-50% | $36,000-$40,000 | $67,500-$75,000 | 50-55% of settlement |
| Appeal | 50%+ | $40,000+ | $75,000+ | 50% or less |
Common Mistakes to Avoid
Calculating the fee on the net settlement after costs rather than the gross settlement. Most contingency fee agreements apply the percentage to the gross recovery. A $95,000 settlement with $10,000 in costs deducted first produces a fee of $34,000 (on $85,000), not $38,000 (on $95,000). The fee agreement language controls which method applies.
Not negotiating medical liens before calculating the net-to-client. Health insurer subrogation and Medicare or Medicaid liens can often be reduced by 25% to 50% through negotiation, significantly increasing the client's net recovery. Presenting the un-negotiated lien figure gives the client a pessimistic and inaccurate picture.
Using the wrong fee percentage for the case stage. Many attorneys switch from 33% to 40% at the time of filing, but some agreements trigger the higher rate at service of process, or when a scheduling order is entered. The fee agreement must define the stage transition clearly.
Forgetting to disclose the fee structure to the client in writing. Every state bar requires written contingency fee agreements. The failure to provide a written agreement is an ethics violation that can result in fee forfeiture in many jurisdictions.
Frequently Asked Questions
Accuracy and Disclaimer
Contingency fee calculations depend on the specific terms of the fee agreement, which vary by attorney, jurisdiction, and case type. Some states cap contingency fees in medical malpractice, government claims, or other specific areas. This calculator is for planning and transparency purposes only. It does not constitute legal advice. Consult a licensed attorney for case-specific fee structures and always request a written fee agreement before retaining counsel.
Conclusion
Contingency fee transparency is not just good client service -- it is an ethical obligation under most state bar rules. Share this calculation with clients at intake using the full range of settlement scenarios so expectations are set correctly from day one. For the complete case economics, pair this with our Case Value Estimator to project the settlement range before calculating fees, and use the Settlement Payout Calculator for structured settlement versus lump-sum comparisons.
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