How is a contingency fee calculated?

The fee is a percentage of the gross recovery — commonly one third before a lawsuit is filed and forty percent afterward. Whether the percentage applies to the gross recovery or to the recovery after costs are subtracted depends on the fee agreement, and changes the dollar fee, so this tool lets you pick the ordering.

What is the difference between fee-before-costs and costs-before-fee?

Fee-before-costs (the gross method) takes the percentage of the full recovery, then subtracts costs from the client's share. Costs-before-fee (the net method) subtracts costs first, then takes the percentage of what remains, which produces a smaller fee. Many states default to or require the net method unless the agreement says otherwise.

How do medical liens affect the client's net?

Medical providers, health insurers, or government programs may hold liens that must be paid from the recovery. The tool subtracts liens after the fee and costs to show the client's true take-home amount, which is often far less than the gross settlement.

Are contingency percentages capped?

Some jurisdictions and case types cap contingency fees — for example sliding scales in medical-malpractice or minors' cases, or limits in certain federal claims. This calculator applies the rate you enter; always confirm any statutory cap that applies to your matter.

Does the fee include case costs?

No. The attorney fee is separate from case costs such as court filing fees, expert witnesses, and medical-record charges. Costs are reimbursed to the firm out of the recovery; the fee is the firm's compensation. This tool itemizes both.

Contingency Fee Calculator

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).

Example and notes

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.

Use this at settlement conferences to set client expectations and to confirm the disbursement sheet. Always verify any statutory fee cap for your case type. All figures stay in your browser.