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Personal injury attorney fee calculator

Enter the settlement, the fee percentage and the costs and liens. The calculator shows the lawyer's fee and your net check both ways: costs taken out before the fee and after it.

Checked against official sources November 5, 20267 cited sourcesHow we calculate

Your net from a settlement

Costs deducted
Filing fees, records, experts, depositions.
Unpaid bills plus health insurer or Medicare repayment.
Your net check
$29,500

Attorney fee
$20,000
Case costs
$3,000
Liens and bills
$7,500
Net if costs come out the other way
$30,500

An estimate, not a promise or legal advice. Real offers depend on the evidence, the insurer, the policy limits and, if it goes to court, a jury. Nothing you enter leaves your browser.

How contingency fees work

Instead of an hourly rate, a personal injury lawyer takes a percentage of what you recover and nothing if you recover nothing. The percentage is set in a written fee agreement, often one-third if the case settles before a lawsuit and 40% after a suit is filed or the case goes to trial. Case costs are separate and are usually repaid from the settlement too.

Costs before or after the fee

The order matters. With costs taken out after the fee, the lawyer's percentage applies to the full settlement. With costs taken out first, the percentage applies to a smaller amount and you keep more. Toggle the calculator to see the difference on your numbers.

Worked example

A $60,000 settlement with a one-third fee, $3,000 in case costs and $7,500 owed to a health insurer:

  • Costs after the fee: fee $20,000, then costs and the lien. You receive $29,500.
  • Costs before the fee: fee on $57,000 is $19,000. You receive $30,500.

State fee limits

Most states only require fees to be reasonable and in writing. These states set specific limits in court rules or statutes:

  • Connecticut: Fees in personal injury cases are capped on a sliding scale: one-third of the first $300,000, 25% of the next $300,000, 20% of the next $300,000, 15% of the next $300,000 and 10% above $1.2 million. (Conn. Gen. Stat. 52-251c)
  • Florida: Fees above this schedule are presumed excessive without court approval: one-third of the first $1 million before the defendant answers, 40% after an answer is filed, then 30% of $1 million to $2 million and 20% above $2 million. (Rule Regulating the Florida Bar 4-1.5(f)(4)(B))
  • New Jersey: One-third of the first $750,000, 30% of the next $750,000, 25% of the next $750,000 and 20% of the next $750,000, calculated after case costs are deducted; above $3 million by court application. (N.J. Court Rule 1:21-7(c))
  • New York: Personal injury fees follow either a flat one-third or a sliding scale set by the Appellate Division rules. (22 NYCRR 603.7(e), as applied in Gee v. Salem Day Care Ctr. (1st Dept 2008))
  • Oklahoma: Contingent fees may not exceed 50% of the net judgment or settlement. (5 O.S. 7)
  • California: Caps apply only to medical malpractice (25% before a lawsuit is filed, 33% after), not to car accident cases. (Cal. Bus. & Prof. Code 6146)

Keeping more of the settlement

  • Ask whether the fee drops if the case settles quickly, or applies only to money above an offer you already have.
  • Ask the lawyer to negotiate liens; health insurers and hospitals often accept less, and federal rules reduce Medicare's claim by its share of procurement costs.
  • Get a written closing statement listing the fee, every cost and every lien before you sign the release.

Frequently asked questions

What percentage do personal injury lawyers take?

Most charge a contingency fee of about one-third (33%) of the recovery if the case settles, and 40% if it goes into litigation or trial. You pay nothing if there is no recovery, though some agreements still charge case costs. A few states cap or set sliding scales for these fees.

Are case costs taken out before or after the attorney fee?

It depends on your fee agreement. If costs come out first, the percentage is applied to a smaller number and you keep more. Read the agreement before you sign, and ask for the calculation in writing.

Does the lawyer's fee come out before medical bills are paid?

Usually yes. The fee is calculated on the gross settlement, then costs and liens such as health insurer, Medicare or hospital liens are paid, and the rest goes to you. Lawyers often negotiate liens down, which can raise your net.

Can I negotiate a lower contingency fee?

Yes. Fees are a contract. Clear liability cases with good insurance, or claims where the insurer has already made an offer, are good candidates for a lower rate or a fee only on the amount above the existing offer.

Is it worth hiring a lawyer for a car accident?

For a minor injury that has healed and a fair offer, many people settle on their own. For serious injuries, disputed fault, low policy limits or large liens, a lawyer's fee is often covered by a higher recovery and lower liens. Most offer a free consultation.

Sources

Checked November 5, 2026.

  1. Connecticut: Conn. Gen. Stat. 52-251c
  2. Florida: Rule Regulating the Florida Bar 4-1.5(f)(4)(B)
  3. New Jersey: N.J. Court Rule 1:21-7(c)
  4. New York: 22 NYCRR 603.7(e), as applied in Gee v. Salem Day Care Ctr. (1st Dept 2008)
  5. Oklahoma: 5 O.S. 7
  6. California: Cal. Bus. & Prof. Code 6146
  7. 42 CFR 411.37, amount of Medicare recovery when a payment is made (eCFR)