Gross settlement or verdict amount
Filing fees, expert witnesses, depositions, medical records
Medicare, Medicaid, insurance
Check your retainer agreement
Your Take-Home Amount
California Contingency Fee Rules
California allows contingency fees up to 40% in most cases. Medical malpractice cases have special caps under MICRA: 40% of first $50K, 33.33% of next $50K, 25% of next $500K, 15% thereafter. Always review your retainer agreement carefully.
See how different contingency rates affect your take-home on a $100,000 settlement:
| Contingency Rate | Attorney Gets | You Keep | Typical Stage |
|---|---|---|---|
| 25% | $25,000 | $75,000 | Simple cases, pre-suit |
| 33.33% | $33,333 | $66,667 | Standard pre-litigation |
| 40% | $40,000 | $60,000 | After lawsuit filed |
| 45% | $45,000 | $55,000 | At or after trial |
The Value of Settling Early
On a $100,000 case, settling before litigation at 33% vs. after filing at 40% means you keep an extra $6,667. Plus, you avoid months or years of stress and uncertainty.
Are contingency fees calculated before or after costs?
This depends on your retainer agreement. Some attorneys calculate their fee from the gross settlement (before costs), others from the net (after costs are deducted). Fee-on-net is more favorable to you. Always clarify this upfront.
What if I lose my case?
With a contingency fee arrangement, if you lose, you typically owe no attorney fees. However, you may still be responsible for case costs (filing fees, expert witnesses, etc.) depending on your agreement. Some attorneys advance costs and waive them if you lose.
Can I negotiate the contingency percentage?
Yes, contingency fees are negotiable. Attorneys may offer lower rates for larger cases, cases with strong liability, or if you're willing to handle more of the administrative work. Always ask about rate structures.
What are typical case costs?
Case costs vary widely. Simple cases: $500-$2,000 (filing fees, service). Moderate cases: $5,000-$15,000 (depositions, records). Complex cases: $20,000-$100,000+ (multiple experts, extensive discovery). Personal injury cases with experts often cost $10,000-$30,000.
What are medical liens?
If health insurance, Medicare, Medicaid, or medical providers paid for your treatment, they often have a right to be repaid from your settlement. Your attorney will negotiate these liens, often reducing them significantly.