You obtained a settlement of 100,000, but how much really remains after the attorney? With a contingency fee agreement, the lawyer takes a percentage of the settlement, to which the case costs are added. The contingency fee calculator shows you the picture immediately: the attorney fee, the total legal cost and above all the net that remains to you. It is the tool to understand, before signing or accepting a settlement, how much of the award will really end up in your pocket.

What a contingency fee is

The contingency fee is an agreement whereby the attorney is paid only if a result is obtained, with a percentage of the settlement instead of an hourly rate. It is common in personal injury cases, accidents and civil cases where the client could not afford to pay hourly. The advantage for the client is not advancing the fees and aligning the attorney's interests with their own; the disadvantage is that, in case of victory, a significant share of the settlement goes to the lawyer. The rules and limits vary a lot by jurisdiction.

How the calculation works

The calculation is simple but must be understood in each part. The fee is the agreed percentage applied to the settlement: with 100,000 and 33.33%, that is 33,330. The legal costs (case expenses: appraisals, court fees, witnesses) are added and are also borne by the client, usually deducted from the settlement. The net to the client is what remains: settlement minus fee minus costs. With 100,000, a fee of 33,330 and costs of 5,000, the net is 61,670: 61.67% of the settlement.

The attorney fee

The fee is the attorney's compensation for the contingency agreement. In personal injury cases, in the United States the typical percentage is around 33% (one third) if the case settles, and it can rise (40% or more) if it goes to trial or appeal, for the greater work and risk. In other countries the percentages and the very admissibility of the agreement vary: in some jurisdictions pure contingency fees are limited or forbidden. The percentage is the main lever of the legal cost, so it should be negotiated and well understood before signing.

The legal costs (distinct from the fee)

The legal costs (or "case expenses") are a distinct concept from the fee: they are the out-of-pocket costs incurred to pursue the case. They include medical appraisal expenses, filing costs, expert witnesses, investigations, travel expenses. They are not the attorney's compensation, but they are still borne by the client and add to the fee in reducing the net. A crucial point is to clarify in the agreement whether the fee is calculated before or after the deduction of the costs, because it changes (sometimes a lot) the final net.

The net to the client

The net to the client is the figure that really counts: how much remains in your pocket after fee and costs. It is the settlement minus the total legal cost. In the example, from 100,000 there remain 61,670. The net percentage (61.67%) shows how much of the settlement you keep: it is the clearest way to compare different attorney offers or assess a settlement. Beware: the net calculated here is before any taxes on the settlement and other deductions (for example reimbursements owed to health insurers, or "liens"), which further reduce what you collect.

Gross or net: what the fee is calculated on

A detail with great impact is the calculation base of the fee. If the fee is calculated on the gross settlement (most common model), the percentage applies to the whole amount, and then the costs are deducted: with 100,000 at 33.33%, the fee is 33,330. If instead it is calculated on the net of costs (settlement minus costs, then the percentage), the fee is lower: 33.33% of 95,000 = 31,664. The difference favors the client. The calculator uses the gross model; always check what your agreement provides, because on large settlements the difference is relevant.

How the calculator works

Enter the settlement amount, the fee percentage and the legal costs. The calculator returns the attorney fee, the total legal cost, the net to the client, the net percentage and an assessment. It is the quickest tool to understand how much will remain of a settlement and to compare agreements with different percentages or costs, before signing a retainer or accepting a settlement.

The values you need

You need three numbers. The gross settlement amount (the sum you obtain or that is offered in settlement). The fee percentage agreed with the attorney (often around 33% in settlements, higher at trial). The estimated legal costs of the case (appraisals, court costs, witnesses). If you do not yet know the costs, use an estimate: they are highly variable depending on complexity. Verify in the retainer agreement the exact percentage and whether it applies to the gross or the net of costs.

Interpreting the net to the client

The net percentage you keep gives the measure of the legal cost:

The net percentage depends mainly on the fee, but the costs can reduce it a lot in complex cases with expensive appraisals: always look at both components.

Typical contingency fee percentages

The percentages vary by phase and jurisdiction, but a common reference (US personal injury model):

These are rough indications: the percentages are negotiated, some jurisdictions impose caps and others limit or forbid pure contingency fees. Always verify the local rules.

Example: same settlement, different percentages

With a settlement of 100,000 and costs of 5,000, how the net changes as the fee varies:

Every percentage point of extra fee subtracts 1,000 (on 100,000) from your net: negotiating the percentage, when possible, has a direct and concrete impact on how much you collect.

Contingency fee or hourly rate

The contingency fee is not the only way to pay an attorney. With the hourly rate you pay based on the hours worked, regardless of the outcome: it costs less if you win easily and a lot, it costs anyway even if you lose. The contingency fee requires no advances and transfers the risk to the attorney (if they lose, they do not collect the fee), but in case of victory it costs more proportionally. The choice depends on the strength of the case, your ability to advance costs and your risk tolerance. For uncertain cases and clients without liquidity, the contingency fee is often the only viable option.

What the calculation does not consider

The calculation is a simplified estimate. It does not consider the taxes on the settlement (some settlements are taxable, others not, depending on the nature and the jurisdiction), or the "liens" and reimbursements owed to third parties (health insurers, welfare bodies) that can greatly reduce the effective net. It does not model tiered fee structures (different percentages by settlement bracket), advances already paid, or the VAT on the fee where applicable. It uses the gross-fee model: always verify the exact terms of your retainer and, for significant amounts, have the detailed calculation explained to you.

Common mistakes

• Confusing the fee (attorney's compensation) with the legal costs (out-of-pocket case costs).
• Not clarifying whether the percentage applies to the gross or the net of costs.
• Forgetting taxes and "liens" (reimbursements to third parties), which further reduce the net.
• Ignoring that the percentage can rise if the case goes to trial or appeal.
• Not negotiating the percentage or not comparing multiple attorneys.

How to use the calculator

Enter settlement, percentage and costs. Read the net to the client and the net percentage to understand how much remains. Compare different fee percentages to assess the impact of negotiation. Simulate higher costs for complex cases. Use the total legal cost to compare the contingency fee with an hourly-rate hypothesis. Remember that the net here is before taxes and "liens": for the amount really collected, subtract those too. Always verify the exact terms in the retainer.

Practical example

You obtain a settlement of 100,000 for an accident, with a contingency fee of 33.33% and case costs of 5,000. The calculation gives a fee of 33,330, a total legal cost of 38,330 and a net to the client of 61,670 (the 61.67% of the settlement), with the verdict "good: you keep the majority, fees in the norm". You keep about 62% of the settlement: in line with the classic one-third-plus-costs model. Enter your numbers for your real situation. The calculation does not consider taxes, "liens" or reimbursements to third parties, tiered fee structures or VAT; it uses the gross-fee model. The rules on contingency fees vary by jurisdiction. It is an informational estimate, not legal or tax advice.

Frequently asked questions

What is a contingency fee?

It is an agreement in which the attorney is paid only if a result is obtained, with a percentage of the settlement instead of hourly. Common in personal injury cases. With a settlement of 100,000 and a fee of 33.33%, the attorney takes 33,330.

How is the net to the client calculated?

Net = settlement − fee − legal costs. With 100,000, a fee of 33,330 (33.33%) and costs of 5,000: net = 61,670, that is 61.67% of the settlement. It is what remains before any taxes and reimbursements to third parties.

What is the difference between the fee and the legal costs?

The fee is the attorney's compensation (the percentage). The legal costs (costs) are the out-of-pocket costs of the case: appraisals, court fees, expert witnesses. They are distinct concepts but both borne by the client and reduce the net. They should be clarified separately in the agreement.

Is the fee calculated on the gross or the net of costs?

It depends on the agreement. On the gross (most common) the percentage applies to the whole settlement, then the costs are deducted. On the net, the costs are removed first and then the percentage is applied (lower fee, favoring the client). The calculator uses the gross model.

What is a typical contingency fee percentage?

In the US personal injury model: about 33% (one third) for a settlement before suit, about 40% if it goes to trial, even more on appeal. It varies by jurisdiction: some impose caps, others limit or forbid pure agreements.

Why does the percentage rise if it goes to trial?

Because the work, time and risk for the attorney increase: preparing a trial or an appeal requires much more effort than a settlement. Many agreements provide "tiered" percentages increasing depending on the phase reached.

Does the calculation consider the taxes on the settlement?

No. Some settlements are taxable, others not, depending on the nature (personal injury, property damage, interest) and the jurisdiction. The net calculated is before taxes: for the amount really collected, subtract any taxation too.

What are "liens"?

They are reimbursements owed to third parties that have a claim on the settlement, typically health insurers or welfare bodies that advanced medical expenses. They are taken from the settlement and further reduce the effective net. The calculator does not include them.

Is the contingency fee or the hourly rate better?

It depends. The contingency fee requires no advances and shifts the risk to the attorney (if they lose they do not collect), but it costs more if you win. The hourly rate costs based on the hours regardless of the outcome. For uncertain cases or clients without liquidity, the contingency fee is often the only option.

Can I negotiate the percentage?

Often yes, especially for strong cases or large settlements. Every percentage point less remains yours: on 100,000, reducing from 40% to 33% increases the net by 7,000. It is worth comparing multiple attorneys and discussing the percentage before signing the retainer.

Are contingency fees always allowed?

No, the rules vary a lot. In some jurisdictions they are common and regulated; in others they are limited to certain types of case, subject to caps, or forbidden for some matters. Always verify what the regulations of your country and the specific area provide.

Does the percentage include VAT?

It depends on the jurisdiction and the agreement. In some countries the fee is subject to VAT or additional taxes that add up. The calculator does not include them: always ask whether the agreed percentage is before or after such taxes.

Is it legal advice?

No, it is an informational tool. It uses the gross-fee model, does not consider taxes, "liens", tiered structures or VAT, and the rules vary by jurisdiction. For a real case, verify the exact terms of the retainer and consult an attorney.

Updated July 2026