Contingency Fee Attorney Net Recovery Calculator
Settlement gross is NOT what you get. After attorney contingency fee (33-40%), case costs, medical liens, and Medicare/Medicaid reimbursement, your net is often half the gross. Calculate your real take-home.
| Gross settlement | — |
| Attorney contingency fee | — |
| Case costs (filing, depo, experts) | — |
| Medical liens (private) | — |
| Medicare lien | — |
| Medicaid lien | — |
| Total deductions | — |
| Net to client (your pocket) | — |
A contingency fee attorney typically charges 33.33% of gross settlement pre-suit and 40% if the case is filed. But that's not the full story — case costs (filing fees, depositions, expert witnesses), medical liens (private insurance), and government liens (Medicare, Medicaid) all come out before you see the money. On many cases, net recovery is 40-60% of gross.
Typical Fee Structure
Standard PI contingency: 33.33% before filing suit, 40% after filing. Some firms charge 40% throughout. Class action: 25-30% (court-supervised). Medical malpractice: often statutorily capped (e.g., California's MICRA limits). Always read the fee agreement — some firms calculate fee on GROSS (more attorney), others on GROSS MINUS COSTS (more to client).
Medicare and Medicaid Liens
Federal law requires Medicare/Medicaid be reimbursed before settlement disbursement. Failure to satisfy creates personal liability for both attorney and client. The 'right of recovery' is enforced by CMS. Negotiation is allowed — typical reductions 25-50% under procurement cost reduction rules. Get a final conditional payment letter before disbursement.
Private Health Insurance Liens
ERISA-governed plans (most employer-sponsored) have strong subrogation rights. State-regulated plans are weaker. The 'made whole' doctrine — you should be made whole before insurer recovers — applies in many states. Common to negotiate reductions of 33-50%. Always demand lien letter early; do not settle until lien amount is fixed.
Last updated May 2026. Sources: ABA Model Rule 1.5 (Fees), CMS Medicare Lien Recovery.