Lawyer Fee Estimator
Before you sign a settlement, see what a contingency-fee lawyer actually keeps, how case costs change the math, and what really lands in your pocket.
Settle early vs. go to trial
The same settlement is worth different amounts to you depending on when the case resolves, because the fee percentage usually climbs once a lawsuit is filed. Here's your number under two common scenarios:
| Scenario | Lawyer's fee | You keep |
|---|
Both rows use your settlement and case-cost figures with the same cost-deduction method selected above. Percentages are illustrative defaults, not a quote.
How this works
A contingency fee is a percentage of your recovery that the lawyer earns only if you win or settle. Two things determine your take-home pay: the fee percentage and how case costs are handled. Costs are real out-of-pocket expenses — court filing fees, expert witnesses, medical records, depositions — and they're separate from the fee.
The order matters. If costs are taken after the fee, the lawyer's percentage is calculated on the full settlement, then costs come out of what's left:
- Costs after fee: fee = settlement × rate, then net = settlement − fee − costs.
- Costs before fee: costs come off the top first, then the fee applies to the remainder — fee = (settlement − costs) × rate, and net = settlement − fee − costs.
"Costs before fee" almost always leaves you with slightly more, because the lawyer's percentage is applied to a smaller base. Which one applies to you is spelled out in your written fee agreement — it's one of the most important lines to check.
Lawyer fee FAQs
It's a fee structure where your lawyer is paid a percentage of your settlement or award only if you recover money. If you win nothing, you typically owe no attorney fee. It lets people pursue claims without paying by the hour up front.
In many injury cases the fee is often around 33% (one-third) if the case settles before a lawsuit is filed, and frequently rises to about 40% if it goes into litigation or trial. Your exact rate is set by your written agreement and varies by state and case type.
Usually there's no attorney fee if you don't recover. But you may still owe case costs such as filing fees and expert reports, depending on the agreement. Read how unrecovered costs are handled before you sign.
Yes. The fee is the lawyer's percentage for their work; case costs are separate expenses for running the case. Whether costs come out before or after the fee is calculated changes your take-home amount.