Contingency Fee Calculator: Attorney Cut and Net to Client
Work out the lawyer's contingency fee on a settlement and the net amount the client takes home — the standard fee structure in personal injury, employment, and other plaintiff-side litigation.
Adjust the inputs and select Calculate for a full breakdown.
Compare Common Scenarios
How the numbers shift across typical situations for this calculator:
| Scenario | Lawyer's contingency fee | Net to client |
|---|---|---|
| 33% of $300k | 99,000 | 201,000 |
| 40% of $1M | 400,000 | 600,000 |
| 33% of $50k | 16,500 | 33,500 |
| 45% of $2M (appeal) | 900,000 | 1,100,000 |
How This Calculator Works
Enter the gross settlement and the contingency rate. The calculator multiplies the two to give the lawyer's fee and shows the net to the client. Case costs (filing fees, expert witnesses, deposition transcripts) are typically deducted in addition to the percentage — confirm your specific fee agreement.
The Formula
Percentage of an Amount
Amount is the base value, Percentage is the rate applied to it
Worked Example
On a $300,000 settlement at the standard 33% contingency, the lawyer's fee is $99,000 and the client nets $201,000 before case costs. If case costs were $15,000, the actual client take is $186,000. Many agreements also escalate to 40% if the case is filed and 45% if it goes to appeal.
Key Insight
Contingency fees solve an access-to-justice problem: most plaintiffs cannot afford hourly legal bills, so the lawyer takes the risk in exchange for a share. The structure aligns incentives but isn't free — a 33% contingency on a quickly settled case can compute to an effective hourly rate of $2,000+, which is why some matters are better handled on flat fee or hybrid agreements when budgets allow.
Standard contingency rates + state caps
STANDARD PERSONAL INJURY rates.
Substantial — substantial 33⅓% if settled before lawsuit filed.
Substantial — substantial 40% once lawsuit filed.
Substantial — substantial 45-50% if appeal or trial.
Substantial — substantial 'sliding scale' common.
STATE CAPS substantial vary.
CA Medical Malpractice (MICRA).
Substantial — substantial 33% on first $50K.
Substantial — substantial 25% on next $50K.
Substantial — substantial 15% on next $500K.
Substantial — substantial 10% on amount over $600K.
Substantial — substantial substantial caps after MICRA 2022 update.
FLORIDA Constitutional Amendment.
Substantial — substantial 30% on first $250K.
Substantial — substantial 10% on excess (medical malpractice).
NEW YORK CPLR § 474-a sliding scale (medical malpractice).
Substantial — substantial similar tiered.
TX Health & Safety Code tort reform caps.
OTHER PRACTICE AREAS.
Workers' compensation. Substantial state-set (10-25%).
Social Security disability. Substantial 25% capped $7,200 federal (SSA).
Veterans benefits. Substantial 20% typical (capped).
Class action. Substantial — substantial 25-33% court-approved.
Substantial — substantial substantial complex lodestar review.
Securities arbitration. Substantial 25-40%.
Family law. Substantial NOT typically contingency (ABA prohibited divorce contingency).
Costs vs fees + liens + practical considerations
FEES vs COSTS distinction substantial.
FEES. Substantial — substantial attorney percentage.
COSTS. Substantial — substantial out-of-pocket case expenses.
Substantial — substantial filing fees.
Substantial — substantial expert witnesses ($3K-$50K+ each).
Substantial — substantial depositions ($5-$30K).
Substantial — substantial medical records.
Substantial — substantial accident reconstruction.
Substantial — substantial trial exhibits.
Substantial — substantial typically advanced by firm, reimbursed from settlement.
WHO PAYS COSTS?
Substantial — substantial vary by retainer.
Substantial — substantial client pays from gross recovery (most common).
Substantial — substantial fee calculated on net of costs OR on gross then costs.
Substantial — substantial $100K settlement.
Substantial — substantial $20K costs + 33% fee.
Method A. Costs first. Net $80K × 33% = $26K fee. Client gets $54K.
Method B. Fee first. $33K fee. Costs $20K. Client gets $47K.
Substantial — substantial substantial substantial substantial.
Substantial — substantial state rules vary which is permitted.
LIENS substantial impact.
Medicare. Substantial — substantial federal subrogation.
Medicaid. Substantial — substantial state subrogation.
ERISA. Substantial — substantial private health insurance plans.
Substantial — substantial 50-100% reimbursement required.
Substantial — substantial substantial substantial recovery.
Substantial — substantial substantial substantial.
Hospital liens substantial.
Substantial — substantial state-specific.
Workers' comp liens.
Substantial — substantial substantial substantial substantial.
REDUCTION negotiation.
Substantial — substantial liens often negotiable.
Substantial — substantial 'common fund' doctrine.
Substantial — substantial reduce by attorney fees + costs proportionally.
STRUCTURED SETTLEMENTS.
Substantial — substantial annuity over time.
Substantial — substantial tax-free under §104(a)(2).
Substantial — substantial fees calculated on present value.
REVIEW substantial.
Substantial — substantial reasonable fee 'in light of result'.
Substantial — substantial Rule 1.5 ABA.
Substantial — substantial court approval some categories.
TRANSPARENCY substantial.
Substantial — substantial detailed settlement statement.
Substantial — substantial client signed.
Substantial — substantial breakdown gross/fees/costs/liens/net.
U.S. lawyer contingency fee benchmarks (2024)
Reference contingency rates by practice.
| Practice area | Typical contingency |
|---|---|
| Personal injury (pre-suit) | 33⅓% |
| Personal injury (litigation) | 40% |
| Personal injury (appeal) | 45-50% |
| Medical malpractice (most states) | 33-40% |
| CA MICRA medical malpractice | Tiered 10-33% |
| FL medical malpractice | 30% first $250K + 10% excess |
| Product liability | 33-40% |
| Workers' compensation | 10-25% (state-set) |
| Social Security disability | 25% capped $7,200 |
| Veterans benefits | 20% capped |
| Class action | 25-33% court-approved |
| Securities arbitration | 25-40% |
Costs (filing, expert witnesses, depositions) separate from fees — substantial. Liens (Medicare, Medicaid, ERISA, hospital) reduce client net substantial. Family law NOT contingency (ABA prohibited). State caps vary substantial (CA MICRA, FL, NY tiered). ABA Model Rule 1.5 + state bar standards.
Frequently Asked Questions
What is a contingency fee?
A fee structure where the lawyer is paid only if the case wins or settles, taking a percentage of the recovery instead of hourly fees. Standard in personal injury, employment, civil rights, and many plaintiff-side cases.
What is a typical contingency rate?
US norms: 33% if settled before lawsuit filing, 40% after filing, 45% after appeal. Some states cap rates by case type (medical malpractice often capped at lower percentages); some specialty matters charge less.
Are case costs separate from the contingency?
Usually yes. Filing fees, expert witnesses, deposition transcripts, and exhibits are charged on top of the percentage. Some agreements advance these costs and recoup them from the settlement; others bill the client as incurred.
Can contingency rates be negotiated?
Sometimes — particularly for large cases or strong matters. Many firms hold to a standard rate; some compete on contingency rate for high-value clients. Always ask before signing the retainer agreement.
Is the contingency fee taxable?
For the lawyer, yes — as income. For the client, the gross settlement is what determines tax (not the net after lawyer fee) in many cases, which can produce surprising tax bills on portions of the recovery the client never received.
When is this calculator unreliable?
Less reliable when state caps on contingency fees apply (CA MICRA medical malpractice tiered 10-33%, FL 30% + 10%, NY sliding scale), when costs vs fees separately deducted (expert witnesses $3K-$50K+, depositions $5K-$30K — substantial), when lien holders (Medicare, Medicaid, ERISA, hospital) reduce client net substantial, when settlement vs trial different rates (sliding 33⅓% → 40% → 45%+), or when multiple defendants / structured settlements present value calculation differs.
References & Authoritative Sources
- American Bar Association (ABA) — Model Rules of Professional Conduct Rule 1.5 · consulted June 1, 2026 · Professional standards
- State bar contingency fee rules (CA, NY, FL) — State court contingency caps · consulted June 1, 2026 · State rules
- Centers for Medicare & Medicaid Services (CMS) — Medicare Secondary Payer / Lien Recovery · consulted June 1, 2026 · Federal lien rules
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Methodology & Review
Lawyer contingency fee = recovery × contingency %. Industry norms 2024 (Model Rules of Professional Conduct + state bars): personal injury 33-40% (33⅓% pre-suit, 40% during litigation, 45% on appeal); medical malpractice 30-40%; product liability 33-40%; class action varies 25-33%. Calculator returns lawyer fee + net client recovery. RELIABILITY: Reliable for documented retainer agreement. Less reliable when (a) state caps on contingency fees (CA medical malpractice MICRA, FL, NY tiered schedules); (b) costs vs fees separately deducted (substantial — expert witnesses, depositions, filing); (c) lien holders (Medicare, Medicaid, ERISA — substantial reductions); (d) settlement vs trial different rates; (e) multiple defendants / structured settlements.
Reviewed according to the CalcDomain Editorial Policy & Calculator Methodology. We document formulas, edge cases, sources, update dates, and correction paths for calculator pages.
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