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Hawaii Attorney Fee and Net Settlement Calculator

Hawaii sets no cap on contingency fees anywhere — lawmakers have tried to add one for medical malpractice several times, but none of those bills ever passed. See your real net below.

No fee cap of any kind FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

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, anywhere, including medical malpractice

Hawaii imposes no statutory percentage cap on contingency fees in any type of personal injury case. Under Hawaii Rule of Professional Conduct 1.5(d), the agreement must simply be in writing, signed by the client, and reasonable. 33% to 40% is a commonly used range.

Several attempts to add a cap, none successful

This wasn't for lack of trying: between 2008 and 2010, Hawaii lawmakers introduced several bills — part of a broader package addressing medical malpractice insurance costs — that would have added a tiered statutory limit on contingency fees in medical tort cases, alongside a cap on non-economic damages. None of these attorney-fee provisions were enacted. Hawaii's existing non-economic damages cap (HRS § 663-8.7) passed; the proposed fee cap never did.

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.

Hawaii attorney fees & net settlement — frequently asked questions

Does Hawaii cap attorney contingency fees in personal injury cases?

No. Hawaii imposes no statutory percentage cap on contingency fees, even in medical malpractice cases. Several bills proposing a medical tort fee cap were introduced between 2008 and 2010, but none were enacted.

What must a Hawaii contingency fee agreement include?

Under Hawaii Rule of Professional Conduct 1.5(d), the agreement must be in writing, signed by the client, and state the method for determining the fee, including the percentages that apply at settlement, trial, or appeal, and which expenses are deducted and when.

What is a typical contingency fee percentage in Hawaii?

Contingency fees in Hawaii personal injury cases commonly fall in the 33% to 40% range, though the rate is privately negotiated and should be confirmed in the written agreement.

What comes out of a Hawaii 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.

Is this Hawaii 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.

Hawaii personal injury tools & guides

How Contingency Fees WorkNo cap, and a history of failed attempts to add one States That Cap Attorney Contingency FeesHawaii's uncapped position, despite its damages cap Case Costs vs. Attorney FeesWhat comes out of your settlement first Hawaii Settlement Value CalculatorWhat your claim is realistically worth

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on common Hawaii contingency fee practice and Hawaii Rule of Professional Conduct 1.5, verified per our methodology. Confirm your actual fee agreement and net recovery with a licensed Hawaii attorney before acting.