A contingency fee calculator shows where a settlement actually goes: the attorney fee, the case costs, any medical liens, and the net amount the client takes home. In personal-injury and mass-tort work the gross headline number is rarely what the client receives, and the deduction order materially changes the fee — so this tool lets you choose between the two standard methods.
How it works
The contingency fee is a percentage of the recovery — typically one third (33.3%) pre-litigation rising to 40% once a lawsuit is filed. The key choice is what the percentage applies to:
- Fee before costs (gross method):
fee = rate × gross recovery, then costs and liens come out of the client’s remaining share. - Costs before fee (net method):
fee = rate × (gross recovery − costs), a smaller fee because costs are removed first.
After the fee, the tool subtracts case costs (filing fees, experts, records) and medical liens to arrive at the client’s net. Many states default to the net method unless the retainer states otherwise, which is why the toggle matters.
Net to client = gross − attorney fee − case costs − liens (with the fee computed by the chosen method).
Detailed worked example at $100,000
On a $100,000 settlement with a 33.3% fee, $8,000 in costs, and a $12,000 medical lien:
- Gross method: fee
= 0.333 × 100,000 = $33,300; net= 100,000 − 33,300 − 8,000 − 12,000 = $46,700. - Net method: fee
= 0.333 × (100,000 − 8,000) = $30,636; net= 100,000 − 30,636 − 8,000 − 12,000 = $49,364— about $2,664 more to the client.
The difference between the two methods is not enormous at this level, but it grows with case costs. At $30,000 in costs on the same $100,000 settlement, the gross method yields a $34,010 fee while the net method yields $23,341 — a $10,669 swing that makes a significant difference to the client’s take-home.
Pre-litigation versus post-litigation fee rates
Most contingency agreements specify two rates: a lower rate if the case settles before a lawsuit is filed, and a higher rate once litigation begins. The rationale is that filing a complaint, conducting discovery, deposing witnesses, and potentially going to trial multiplies the attorney’s effort and risk significantly. A common structure is 33.3% pre-filing and 40% post-filing. Some agreements add a third tier for cases that go to trial.
The practical question is timing: if you are evaluating a settlement offer that arrives just before filing, the fee difference alone can be tens of thousands of dollars on a seven-figure recovery. This calculator lets you compare scenarios by entering both rates and switching between them to see the impact.
Medical liens and negotiation
The medical lien figure in this calculator is the gross lien before any reduction. In practice, medical providers often negotiate their liens — especially in cases where the recovery is inadequate to fully compensate all parties. A Medicaid or Medicare lien has specific statutory rules about reduction. Some states require a proportional reduction formula when the net recovery after fees and costs would leave the client with less than one third of the settlement.
Entered as-is, this calculator shows the worst-case lien impact. If you know a lien has been negotiated down, use the reduced figure to show the true net.
Statutory fee caps by case type
Contingency fees are regulated in several important case types:
- Medical malpractice: Many states cap fees on a sliding scale (for example 40% on the first $50,000, then declining percentages on higher amounts).
- Minor settlement: Court approval is typically required, and the fee is capped or subject to judicial review.
- Workers’ compensation: Fee caps vary by state and are often lower than personal injury rates.
- Social Security disability: Federal regulations cap attorney fees in SSDI cases.
Always confirm the applicable cap before calculating a client’s net. All figures stay in your browser.