Indiana Attorney Fee and Net Settlement Calculator

An ordinary Indiana injury case has no fee cap — but medical malpractice splits the fee in two: an uncapped rate on the provider's own payment, and a hard 15% ceiling on anything from the state's Patient's Compensation Fund. See your real net below.

Med-mal: 15% cap on the Fund portion only 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.

$
$
$
What you take home
—
Injured in Indiana?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to an Indiana attorney

No cap outside medical malpractice

For an ordinary personal injury claim, Indiana imposes no statutory cap on the contingency fee percentage — the fee is set by private agreement, subject to Indiana Rule of Professional Conduct 1.5's general reasonableness standard. 33.3%, or one-third, is a commonly used figure.

Medical malpractice: a genuine split-fee structure

Here's where Indiana is genuinely distinctive: the fee is capped differently depending on where the money comes from. The portion recovered directly from the qualified health care provider, up to that provider's $500,000 liability limit, carries no specific statutory fee cap — just ordinary reasonableness. But IC 34-18-18-1 caps the attorney's fee on anything recovered from the state's Patient's Compensation Fund at a flat 15%.

A rule courts enforce against being gamed

Indiana courts and disciplinary rulings have specifically addressed, and rejected, attempts to work around this split: an attorney can't take an inflated fee from the provider's portion specifically to offset the 15% limit on the Fund portion. Regardless of which source the money comes from, the overall compensation must still meet the general reasonableness standard, and the 15% limit on Fund money applies on its own terms.

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.

Indiana attorney fees & net settlement — frequently asked questions

Does Indiana cap attorney contingency fees in ordinary personal injury cases?

No. Outside medical malpractice, Indiana imposes no statutory cap on contingency fees — just the general reasonableness standard of Indiana Rule of Professional Conduct 1.5.

How are attorney fees capped in an Indiana medical malpractice case?

Only the portion of the fee tied to money recovered from the Patient's Compensation Fund is capped — at 15% — under IC 34-18-18-1. The fee on whatever is recovered directly from the qualified health care provider, up to $500,000, has no specific statutory cap, just the ordinary reasonableness standard.

Can an attorney take a higher fee from the provider's share to make up for the 15% Fund cap?

No. Indiana courts and disciplinary rulings have held that shifting more of the fee to the provider's portion to effectively get around the 15% Fund limitation is improper — the attorney's overall compensation must still be reasonable and must respect the statutory cap on the Fund portion specifically.

What comes out of an Indiana 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 Indiana 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 Indiana contingency fee practice, Indiana Rule of Professional Conduct 1.5, and IC 34-18-18-1, verified per our methodology. Confirm your actual fee agreement and net recovery with a licensed Indiana attorney before acting.