Contingency Fee Calculator

Calculate attorney contingency fees and client net payout from a legal settlement. Estimate fees at 25–40% and deduct case expenses.

About the Contingency Fee Calculator

Contingency fee arrangements let a lawyer take a percentage of the recovery instead of charging the client up front. The exact percentage, when it changes by case stage, and whether costs come off the top before or after the fee are all set by the fee agreement and, in some case types, by state law.

This calculator shows the client net after the contingency fee, case costs, and liens are deducted from the settlement or verdict. It is most useful when comparing different fee percentages, checking a draft settlement statement, or understanding how much of the gross recovery actually reaches the client.

Why Use This Contingency Fee Calculator?

Gross settlement numbers can be misleading if contingency fees, litigation costs, and medical or insurer liens are still outstanding. This page makes those deductions visible so the client can compare offers, test different fee structures, and check whether a proposed payout matches the fee agreement.

How to Use This Calculator

  1. Enter the expected or actual settlement amount.
  2. Enter the contingency fee percentage (typically 25–40%).
  3. Enter total case costs (medical records, filing fees, expert fees).
  4. Review the attorney fee, case costs, and client net payout.
  5. Compare different contingency rates to see how they affect your payout.

Formula

Attorney Fee = Settlement × Contingency Rate Client Net = Settlement − Attorney Fee − Case Costs

Example Calculation

Result: $45,002.50 client net

Attorney fee = $75,000 × 33.33% = $24,997.50. Client net = $75,000 − $24,997.50 − $5,000 = $45,002.50.

Tips & Best Practices

Contingency Fees by Case Type

Personal injury: 33–40%. Medical malpractice: 25–33% (often capped by state law). Employment discrimination: 33–40%. Class actions: 25–33% of the class recovery. Workers' compensation: 15–25% (often capped).

Costs Separate from Fees

Contingency fees cover the attorney's time. Case costs — filing fees, depositions, expert witnesses, medical records, postage — are separate. These can range from a few hundred to tens of thousands of dollars for complex cases.

Evaluating Settlement Offers

Before accepting a settlement, calculate your net after fees and costs. A $100,000 settlement may net only $55,000–60,000 after a 33% fee and $5,000–10,000 in costs. Compare this net amount to the time, risk, and stress of continuing litigation.

Sources & Methodology

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Methodology

This page applies the fee structure exactly as entered by the user: it computes the attorney fee from the settlement amount and contingency percentage, then subtracts case costs and lien amounts to show the remaining client net. It also allows the fee base to change depending on whether costs are deducted before or after the fee calculation, because that detail can materially change the payout.

The page is an agreement-checking and scenario-modeling tool, not legal advice. Actual contingency arrangements vary by fee contract, case stage, state caps, court approval rules, and whether costs or liens are handled differently in the settlement documents.

Sources

Frequently Asked Questions

What is a contingency fee?

A contingency fee is a payment arrangement where the attorney's fee is a percentage of the recovery. If there is no recovery, the client pays no attorney fee. This allows people without funds to pursue valid legal claims.

What is the standard contingency fee percentage?

The most common rate is 33.33% (one-third). Pre-suit settlements may be 25%, while cases that go to trial are often 40%. Some complex cases or appeals may reach 45%. Rates are negotiable.

Do I still owe case costs if I lose?

It depends on your fee agreement. Some contingency arrangements are "pure" (no costs if you lose). Others require the client to reimburse out-of-pocket costs regardless of outcome.

Are contingency fees tax-deductible?

For personal injury cases, the settlement is typically tax-free, so the fee question is moot. For taxable settlements (employment, commercial), attorney fees may be deductible. Consult a tax professional.

Can I switch from contingency to hourly billing?

Some attorneys allow conversion, but this is uncommon. If the case appears strong and likely to settle quickly, hourly billing might save money. Discuss options upfront.

What is a sliding scale contingency fee?

A sliding scale changes the percentage based on stages: 25% if settled pre-suit, 33% if filed but settled before trial, and 40% if tried to verdict. This aligns the attorney's compensation with the effort required.

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