California Attorney Fee and Net Settlement Calculator

An ordinary California personal injury case has no fee cap at all — it's only in medical malpractice that MICRA sets a real, sliding-scale limit on what your attorney can charge. See your real net below.

No fee cap outside medical malpractice FigureMyTax Editorial Team Free · no sign-up

What would you actually keep?

Enter your settlement amount, your attorney's fee percentage, case costs, and any medical lien still outstanding.

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What you take home
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No cap at all, unless it's medical malpractice

Outside medical malpractice, California imposes no statutory cap on the contingency fee percentage — the fee is set entirely by private agreement between attorney and client. 33.3%, or one-third, is a commonly used figure.

Medical malpractice is the real exception

Under Business and Professions Code § 6146, part of the MICRA framework, California does cap contingency fees — but only in claims against a health care provider for professional negligence. As of 2023, the limit is 25% of the recovery if the case settles before a civil complaint or arbitration demand is filed, rising to 33% if it settles afterward. An attorney can petition the court for a higher fee if the case actually goes to trial or arbitration, with the court deciding based on good cause.

What else comes out before you do

Case costs — expenses the attorney typically advances during litigation, like expert witness fees, filing fees, and the cost of gathering medical records — are generally reimbursed from the settlement. If Medicare, Medicaid, or a private health insurer has an outstanding lien for medical treatment related to the injury, that amount is also repaid before you receive your net share.

California attorney fees & net settlement — frequently asked questions

Does California cap the attorney contingency fee percentage in a personal injury case?

Not in an ordinary personal injury case. California caps contingency fees only in medical malpractice claims, under Business and Professions Code section 6146. A car accident or slip-and-fall case has no statutory fee cap at all.

What is California's fee cap for medical malpractice cases?

As of 2023, an attorney may collect up to 25% of the recovery if the case settles before a civil complaint or arbitration demand is filed, or up to 33% if it settles after — with the possibility of a higher fee approved by the court for cases that go to trial.

What comes out of a California settlement besides the attorney's fee?

Case costs — expenses like expert witness fees, filing fees, and record-gathering costs the attorney advanced — and any outstanding medical lien also come out before you receive your net amount.

What is the typical contingency fee percentage in an ordinary California personal injury case?

33.3%, or one-third, is a commonly used figure, though the exact percentage outside medical malpractice is set by private agreement between attorney and client, not by statute.

Is this California net settlement estimate exactly what I'll receive?

No. It's an estimate based on the figures you enter and common contingency fee practice. Your actual fee agreement, case costs, and any lien amount should be confirmed directly with your attorney.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on common California contingency fee practice and Business and Professions Code § 6146, verified per our methodology. Confirm your actual fee agreement and net recovery with a licensed California attorney before acting.