See exactly how much your attorney earns and what you take home after contingency fees and case costs.
A contingency fee means your attorney only gets paid if you win. If you lose, you owe no attorney fee — though you may still owe case costs depending on your agreement.
The standard fee is 33.3% if the case settles before a lawsuit is filed, rising to 40% after filing and up to 45% if the case goes to trial.
Medical liens reduce your payout significantly. Always ask your attorney about negotiating lien reductions — many hospitals and health insurers will accept less than their original claim.
Contingency fee percentages are negotiable in many cases, especially for larger claims — it's reasonable to ask, though not every attorney will move off their standard rate. Beyond the percentage itself, find out whether the fee is calculated before or after case costs are deducted (this order changes your net payout, sometimes significantly, as this calculator's toggle demonstrates), whether the percentage increases at specific milestones like filing suit or reaching trial, and what happens to costs already advanced if the case doesn't result in a recovery — most contingency agreements mean you owe no attorney fee if you lose, but cost-reimbursement terms vary.
Get the fee agreement in writing before any work begins, and don't hesitate to ask your attorney to walk through a sample payout scenario using your actual settlement range so there are no surprises at the end of the case.
The example below is a hypothetical illustration of the math, not a typical or average outcome.
A $90,000 settlement reached after a lawsuit was filed (40% contingency fee), with $9,000 in medical liens and $4,000 in case costs, deducted after the fee. Attorney fee = $90,000 × 40% = $36,000. Remaining after fee = $54,000. Subtract liens and costs: $54,000 − $9,000 − $4,000 = $41,000 net payout. Now compare the "before fee" method on the same numbers: costs are deducted first ($90,000 − $4,000 = $86,000), then the fee is calculated on that reduced base ($86,000 × 40% = $34,400), then liens come off ($86,000 − $34,400 − $9,000 = $42,600). The two cost-order methods produced a $1,600 difference on identical numbers — which is exactly why it's worth confirming which method your fee agreement actually uses before you sign.
Medical liens are frequently the least understood part of a settlement. If health insurance, Medicare, Medicaid, or a hospital paid for your treatment, they generally have a legal right to be reimbursed from your settlement before you see the remainder — a right that exists independently of your attorney's fee. Because liens are calculated against your treatment costs rather than your settlement size, a claim with high medical bills relative to the overall settlement can leave the claimant with far less net payout than the headline settlement number suggests.
Attorneys can often negotiate lien amounts down — sometimes significantly — especially with hospitals and private health insurers, though government payers like Medicare and Medicaid follow more rigid statutory reduction formulas. Ask your attorney early in the case, not after the settlement is reached, whether lien negotiation is part of their standard process.
Sometimes, particularly for high-value cases where an attorney is competing for your business, or if you're bringing significant documentation and a clear liability picture that reduces their workload. It's a reasonable question to ask upfront, before signing anything.
This depends entirely on your fee agreement. Many personal injury attorneys absorb costs if the case doesn't result in a recovery, but some agreements require reimbursement of advanced costs regardless of outcome. Read this clause carefully or ask directly — it's one of the most consequential details in the agreement.
Some states cap contingency fees, particularly in medical malpractice cases, on a sliding scale that decreases as the recovery amount increases. General personal injury fee caps are less common but do exist in a handful of states. Check your state bar association's rules or ask your attorney directly.
Often, yes — hospitals and private health insurers frequently accept a reduced lien amount, particularly when an attorney formally requests a reduction and demonstrates that the full lien would leave the claimant with little to no net recovery. Government payers such as Medicare and Medicaid follow their own statutory reduction rules rather than open negotiation, so the amount of flexibility depends heavily on who holds the lien. Ask your attorney whether lien negotiation is included in their standard process, since it directly affects your net payout.
Contingency fee vs. hourly fee — which is better for your case? →
Not sure what your gross settlement might be yet? Start with the Settlement Value Estimator or the Pain & Suffering Calculator to build a number, then come back here to see your net payout after fees, liens, and costs.