Contingency fee calculator

Estimates only. Contingency fee agreements vary by firm, jurisdiction, and case type, and some states cap contingency rates by statute. This calculator provides a general estimate only and does not constitute a fee agreement. See our full disclaimer.

Total settlement or verdict amount ($)

Fee structure

Contingency fee percentage

Case costs

Total case costs to be deducted ($) Filing fees, expert witnesses, depositions, and other litigation expenses.

How are costs deducted?

Fee and net recovery breakdown

Need help drafting or reviewing a fee agreement?

A clear, properly worded contingency fee agreement protects both firm and client. Talk to a legal practice consultant about drafting or reviewing your fee agreements.

How does a contingency fee actually get calculated?

The 2 most common approaches are calculating the fee on the gross settlement before costs are deducted, or calculating it on the net amount after costs come out first. These can produce meaningfully different numbers, and which method applies should be spelled out clearly in the fee agreement signed at the start of representation, not decided after the fact.

Some firms use a flat percentage regardless of how the case resolves, while others use a tiered structure where the percentage increases if the case requires filing a lawsuit or going to trial, reflecting the additional work and risk involved. If you're drafting a new fee agreement, our engagement letter builder and the underlying case details from a tool like our car accident settlement calculator can help set realistic expectations before a case even begins.

Are contingency fees regulated or capped by law?

Yes, in some contexts. Several states cap contingency fees for medical malpractice cases specifically, often on a sliding scale that decreases as the recovery amount increases. Some states also require court approval of contingency fees in cases involving minors, since the minor's interests need independent protection in approving the fee arrangement.

Why do case costs matter so much to the final number?

In cases involving expert witnesses, extensive discovery, or multiple depositions, case costs can run into tens of thousands of dollars, and where those costs come out of the calculation - before or after the fee percentage is applied - genuinely changes both what the attorney receives and what the client keeps. This is exactly why clarity in the original fee agreement protects both sides from disputes later.

What happens if a case ends without a recovery?

Under a true contingency arrangement, the attorney generally receives no fee if there's no recovery - that's the core risk-sharing feature of contingency billing. Case costs, however, are sometimes still owed by the client depending on the specific fee agreement, so understanding whether costs are also contingent or are owed regardless of outcome is an important detail to clarify upfront.

Frequently asked questions about contingency fees

One-third, or roughly 33%, is a commonly cited standard for personal injury cases, though rates commonly range from 25% to 40% depending on case complexity, jurisdiction, and whether the case settles early or requires litigation and trial. Mass tort and class action cases sometimes use different structures altogether, often set or approved by a court.

Only if the original fee agreement specifies a tiered structure that increases the rate at certain milestones, like filing a lawsuit or proceeding to trial. Absent that kind of tiered agreement, the percentage set at the outset generally applies throughout the case, and unilaterally changing it later without client consent would raise significant ethical concerns.

No. Contingency fees are common in personal injury, mass tort, employment, and some other plaintiff-side litigation, but many types of legal work, like most family law, criminal defense, and transactional matters, are billed hourly or flat fee instead. Some jurisdictions also prohibit contingency fees entirely in certain case types, like most criminal defense representation.

A written fee agreement signed at the outset of representation is the primary protection against this kind of dispute, since it establishes the terms both parties agreed to before any recovery. If a genuine dispute arises anyway, many state bars offer fee dispute resolution or arbitration programs specifically designed to resolve these disagreements outside of full litigation.

This depends on the type of underlying claim and how the settlement is characterized for tax purposes. Physical injury settlements are often not taxable at all, in which case the attorney fee portion generally isn't separately taxable either, but other case types can have more complex tax treatment. A tax professional should review the specific facts of any significant settlement.