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Settlement Take-Home Calculator

How much of your settlement will you actually get? Enter the amount, your lawyer's fee, costs and medical liens to see your take-home number and where the rest goes.

A $50,000 settlement sounds like $50,000. It almost never is. Your lawyer's fee comes out first, then case costs, then anyone who paid your medical bills and wants to be paid back. This calculator shows you the real number that lands in your bank account.

$
%
One third (33.33%) is the most common. Many contracts go to 40% if the case goes to trial. Use 0 if you have no lawyer.
When is the fee taken out?
$
Filing fees, medical records, expert reports, depositions. Your lawyer can tell you the running total.
$
Unpaid hospital bills, health insurance or Medicare/Medicaid liens that get paid from the settlement.
%
Lawyers often negotiate liens down. Leave at 0 if you don't know yet.

How the take-home math works

There are only four pieces, but the order they come out in matters.

  • Attorney fee. Most injury lawyers work on contingency, meaning they get a percentage of what you recover instead of an hourly rate. One third (33.33%) is the most common. Many agreements go up to 40% if a lawsuit is filed or the case goes to trial.
  • Case costs. Money the lawyer spent to build your case: filing fees, medical records, police reports, expert opinions, depositions. These are usually repaid from the settlement on top of the fee.
  • Medical liens. If your health insurer, Medicare, Medicaid or a hospital paid for treatment, they may have a legal right to be repaid from your settlement. Good lawyers often negotiate these down.
  • What is left is yours.

Fee before costs vs fee after costs

This is the detail most people miss. Your fee agreement says whether the percentage is taken from the full settlement or from what is left after costs.

  • From the full settlement: fee = settlement x fee %, then costs and liens come out.
  • After costs: fee = (settlement minus costs) x fee %, which means a smaller fee.

On a $100,000 settlement with $8,000 in costs and a one third fee, the difference is about $2,666. The calculator shows both versions so you can see what your agreement is worth.

Every formula and assumption behind this calculator is listed in our methodology, and our editorial policy explains how we check and update it.

A worked example: $50,000 settlement

ItemAmount
Settlement$50,000
Attorney fee (33.33% of full amount)minus $16,665
Case costsminus $2,000
Medical lien ($6,000, reduced 25%)minus $4,500
You keep$26,835

That is about 54% of the headline number. It is a normal result, and it is exactly why it helps to know it before you accept an offer.

Typical take-home at common settlement amounts

These use a one third fee taken from the full amount, with no costs or liens, so treat them as the best case:

SettlementAttorney feeBefore costs and liens
$25,000$8,333$16,668
$50,000$16,665$33,335
$75,000$24,998$50,003
$100,000$33,330$66,670
$250,000$83,325$166,675

We also have pages that walk through each amount in detail: $25k, $50k, $75k, $100k and $250k.

What can change your number

  • Negotiating the fee. Fees are not set by law in most states. Some lawyers will agree to a lower percentage if the case settles early.
  • Lien reductions. Hospitals and health plans often accept less than the full lien, especially when the settlement is small compared with the bills.
  • Medical payments coverage. If your own policy has MedPay, it may have paid some bills already without a lien.
  • Taxes. Money for physical injuries is generally not taxable under federal law, but some parts, like interest or punitive damages, can be. Ask a tax professional if your settlement is large.

What each deduction usually looks like

DeductionTypical sizeCan it be reduced?
Attorney fee33% to 40%Sometimes, if negotiated before signing
Case costsA few hundred dollars to tens of thousandsAsk for estimates and itemized bills
Health insurance lienVariesOften negotiable
Medicare or Medicaid lienVariesCan sometimes be reduced through formal processes
Hospital or provider lienVariesOften negotiable

Take-home without a lawyer

If you settle on your own, there is no attorney fee, so the math is simpler: settlement minus any liens you must repay. That does not always mean you keep more. Represented claimants often settle for higher amounts, and a lawyer usually negotiates liens as part of the job. Compare both scenarios with the calculator by setting the fee to 0% and adjusting the settlement amount to what you think you could get alone.

Structured settlements

Some larger settlements pay part of the money over time instead of in one check. A structure can provide steady income and may have tax advantages, but it is harder to change later. This calculator assumes a single payment. If a structure is offered, ask for the present value of the payments and compare.

Reading a settlement statement

When your case settles, your lawyer should give you a settlement statement to review and sign before any money is paid out. A simple one looks like this:

LineAmount
Gross settlement$75,000
Attorney fee (33.33%)minus $24,998
Costs: medical recordsminus $420
Costs: filing and serviceminus $450
Costs: expert reportminus $2,500
Health plan lien (reduced from $9,000)minus $6,300
Net to client$40,332

Check that the fee percentage matches your agreement, that each cost has a receipt, and that every lien shows its original and reduced amount. Ask about anything you do not recognize.

Tax basics

Under federal law, money received for physical injuries or physical sickness is generally not taxable, including the part for pain and suffering tied to that injury. Some parts can be taxable: interest on a judgment, punitive damages, and in some cases compensation for emotional distress without a physical injury. If you deducted medical expenses on a past tax return and are now being reimbursed for them, that part may also be taxable. For a large settlement, talk to a tax professional before the money arrives.

Before you sign

Ask your lawyer for a written settlement statement that lists every deduction. You are entitled to understand where every dollar goes. If a number in that statement looks different from what this calculator shows, ask why. There is often a good reason, but you deserve to hear it.

Frequently asked questions

How much does a lawyer take from a car accident settlement?

Most take 33% to 40% on a contingency basis, meaning they are paid only if you recover money. Case costs are usually repaid separately.

How much of a $50k settlement will I get?

With a one third fee and no costs or liens, about $33,335. With typical costs and a medical lien, often $25,000 to $30,000.

Do medical bills come out of my settlement?

Unpaid bills and liens from health insurers, Medicare or Medicaid usually do. Bills you already paid yourself do not, because they are part of what the settlement repays you for.

Can medical liens be negotiated?

Often, yes. Many providers and health plans reduce liens, especially when the settlement is small compared with the bills or when the plan’s rules allow a share of attorney fees to be deducted.

Is a car accident settlement taxable?

Compensation for physical injuries is generally not taxable under federal law. Interest, punitive damages and some lost wage payments can be. Check with a tax professional for your situation.

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

Usually the fee and costs are calculated first, then liens and bills are paid, and you receive the rest. Your settlement statement will show the order.

What happens if liens are bigger than the settlement?

Your lawyer will usually try to negotiate the liens down. Many providers and plans accept reduced amounts in that situation.

Sources

  1. Contingent fee, Legal Information Institute, Cornell Law School law.cornell.edu
  2. ABA Model Rule 1.5: Fees americanbar.org

Last reviewed: . Spotted something out of date? Tell us.

Written and checked by

James

James runs ClaimFairly and writes and checks every calculator and guide on the site. Not a lawyer, just someone who thinks drivers deserve to see the math behind their claim.