Contingency Fee Calculator

Most U.S. contingency fees fall between 33% (one-third) for cases settled before filing suit and 40% if the case goes into litigation or trial. Some jurisdictions cap fees in specific case types, for example medical malpractice in California or workers' compensation in many states. Always check state-specific rules.

Under a true contingency arrangement, you owe no attorney fee if there is no recovery. However, you may still be responsible for case costs (filing fees, deposition transcripts, expert witnesses) depending on your fee agreement. Many firms advance these costs and only seek reimbursement from a recovery.

It varies by agreement and is the single biggest factor in the client's net. "Costs off the top" (deducted before the fee) is more favorable to clients; "fee first, then costs" yields a smaller net. On a $100,000 recovery with $10,000 costs and a 33% fee, costs-first nets the client about $60,300, while fee-first nets about $57,000.

Contingency fees are prohibited in most jurisdictions for criminal defense and most domestic relations matters (divorce, custody). They are most common in personal injury, employment, civil rights, and some commercial disputes.

Most personal injury lawyers charge a contingency fee of about 33% of the recovery when the case settles before a lawsuit is filed, rising to roughly 40% if the case is filed or goes to trial. The exact split is set in the written fee agreement and can vary by state and case type.

Often yes. The contingency fee covers the attorney's time, but case costs (filing fees, expert witnesses, medical records, depositions) are usually separate and may be owed win or lose. Whether costs are deducted before or after the percentage fee can change your net recovery by thousands of dollars.

Sometimes. On a strong, high-value claim, the percentage and especially the treatment of costs can be negotiated. Get the fee, the cost handling, and the before-or-after-fee order in writing before signing, because those terms drive what you actually keep.