⚖️

Contingency Fee Calculator

Last Updated:

Calculate your net recovery from a settlement or judgment after attorney contingency fees and case expenses. Understand exactly what you keep before you agree to a settlement.

⚖️ Attorney Fees✔ Net Recovery🇺🇸 US Standard

💰 Contingency Fee Calculator

Results update instantly as you type

$
%
Pre-litigation: 25–33% | Trial: 40% | Appeal: 45%
$
Filing fees, expert witnesses, deposition costs
Your Net Recovery
$0
After attorney fee and expenses
Attorney Fee
$0
Case Expenses
$0
Net Recovery
$0
Attorney %
0%
Client %
0%
Effective Rate
0%

How to Use the Contingency Fee Calculator

1

Enter the gross settlement amount

Input the total settlement offer before any deductions. This is the figure your attorney's percentage applies to.

2

Enter your contingency fee rate

Standard rates are 33.3% for pre-trial settlements and 40% for trial-required cases. Use the exact rate from your signed retainer agreement.

3

Enter case expenses

Add all litigation costs: court filing fees, expert witness fees, medical records, depositions. These are typically deducted from the settlement separately from attorney fees.

4

Review your net recovery

The result shows gross settlement, attorney fee, total expenses, and your actual take-home — the number that determines whether the settlement is worth accepting.

How Contingency Fees Work

A contingency fee is a legal fee arrangement where the attorney receives a percentage of the settlement or court award — only if you win. If you lose, you owe no attorney fee (though you may still owe case expenses). This arrangement allows people to pursue claims without upfront legal costs.

Standard Contingency Fee Rates

Rates vary by case stage and jurisdiction, but common benchmarks are: 25–33% for pre-litigation settlement; 33.33% (one-third) for most personal injury cases; 40% if the case goes to trial; 45% on appeal. Some states cap contingency fees by law (e.g., Florida, California).

📐 Net Recovery Formula

Net = Settlement − Attorney Fee − Expenses
Fee= Settlement × Rate (if deducted from gross)
Alt.= (Settlement − Expenses) × Rate (deducted from net)
📝 Example — $100k settlement, 33.33% fee, $5k expenses (gross deduction): Attorney fee = $100,000 × 33.33% = $33,333
Net before expenses = $100,000 − $33,333 = $66,667
Net to client = $66,667 − $5,000 = $61,667

Contingency Fees: How Attorney Fee Arrangements Work

A contingency fee is an attorney fee arrangement where the lawyer receives payment only if the case is successful — typically as a percentage of the settlement or judgment awarded. The client pays no upfront legal fees. If the case is lost, the attorney collects no fee. This arrangement makes legal representation accessible to plaintiffs who cannot afford hourly legal rates, particularly in personal injury, medical malpractice, and employment discrimination cases.

Typical Contingency Fee Percentages

The most common contingency fee structure in US personal injury cases is:

33.33% (one-third) for cases that resolve through pre-trial settlement — meaning the case settles without going to trial. This is the industry standard and the rate most contingency fee clients encounter.

40% for cases that proceed to trial. The increased rate compensates for the additional time and risk involved in trial preparation and courtroom work.

45% or higher may apply in appeals, complex litigation, or cases with unusually high risk of loss. Some attorneys also charge higher rates for medical malpractice cases, which have extensive expert witness requirements.

These percentages are guidelines, not law. Rates are negotiable — particularly for strong cases with clear liability, high damages, and cooperative defendants. Clients should always ask whether a lower pre-trial rate is available and whether the fee applies to the gross settlement or the net settlement after expenses.

The Critical Distinction: Gross vs. Net

One of the most important details in any contingency fee agreement is whether the attorney's percentage applies to the gross settlement or the net settlement after expenses. This distinction can mean thousands of dollars:

Example: $100,000 settlement, 33% fee, $15,000 in case expenses.

Fee on gross: $100,000 × 33% = $33,000 fee. You receive: $100,000 − $33,000 − $15,000 = $52,000.

Fee on net: ($100,000 − $15,000) × 33% = $28,050 fee. You receive: $100,000 − $28,050 − $15,000 = $56,950.

Always clarify this in writing before signing a fee agreement.

Case Expenses Are Separate

The contingency fee covers the attorney's time and professional services. Case expenses — costs incurred during the litigation — are separate and typically reimbursed from the settlement by the client. Common expenses include court filing fees, deposition transcripts, medical record retrieval, expert witness fees, process server charges, and travel costs. For complex cases, these expenses can reach tens of thousands of dollars. Always ask your attorney to provide regular updates on accumulated case costs.

Written Fee Agreement Requirements

Most state bar associations require contingency fee agreements to be in writing, signed by the client, and include: the specific percentage that will be charged, how expenses will be handled, whether the percentage changes if the case goes to trial, and the client's right to terminate the agreement. Always read the entire fee agreement before signing and ask questions about any provision you don't understand. A signed contingency fee agreement is a contract — you are legally bound by its terms.

When Contingency Fees Are Not Permitted

Contingency fees are prohibited in certain types of cases. Criminal defense attorneys cannot charge contingency fees. Family law matters — divorce, child custody, and alimony proceedings — are also generally off-limits for contingency arrangements. Estate planning and certain business transactions also exclude contingency fees. The prohibition exists because allowing contingency fees in these contexts could create perverse incentives.

Frequently Asked Questions

The most common contingency fee is 33.33% (one-third) of the settlement for cases that resolve without going to trial. If trial is needed, fees typically increase to 40%. Some attorneys offer lower rates for straightforward cases or higher rates for complex litigation.
Usually, yes. Most contingency fee agreements require you to reimburse case expenses (court filing fees, expert witness fees, medical record costs, deposition transcripts) from the settlement. This is separate from the attorney fee. Always clarify in your retainer agreement whether expenses are deducted before or after the attorney fee is calculated.
Yes. Contingency fee rates are often negotiable, especially for strong cases with clear liability. You can ask for a lower rate for pre-litigation settlement and a higher rate only if trial is needed. Always have the fee arrangement in writing in a signed retainer agreement.
The standard contingency fee for personal injury cases is 33.3% (one-third) if settled before trial, and 40% if the case goes to trial. Complex cases, medical malpractice, or federal cases may go up to 40–45%. Attorney expenses (filing fees, expert witnesses, depositions) are typically deducted from the settlement separately.
Under a pure contingency fee arrangement, you owe no attorney fees if you lose — the lawyer bears that risk. However, you may still owe case expenses (court filing fees, medical records, expert witnesses) even if you lose, unless your fee agreement specifies the attorney absorbs those too. Always read your fee agreement carefully.
⚠️ Disclaimer Estimates for informational purposes only. Not legal or financial advice. Consult a qualified professional.

Sources & Methodology

Fee structure information is based on American Bar Association rules and state bar guidelines.