Maine Attorney Fee and Net Settlement Calculator

Ordinary Maine injury claims carry no fee cap — but medical malpractice runs on a genuine sliding scale: 33⅓% of the first $100,000, stepping down as the recovery grows. See your real net below.

Med-mal: 33.3% / 25% / 20% sliding scale FigureMyTax Editorial Team Free · no sign-up

What would you actually keep?

Enter your settlement amount, case costs, and any medical lien still outstanding.

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What you take home
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No cap outside medical malpractice

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

Medical malpractice: a genuine sliding scale

24 M.R.S. § 2961, part of the Maine Health Security Act, caps contingency fees in a professional negligence action on a sliding scale: 33⅓% of the first $100,000 recovered, 25% of the next $100,000, and 20% of anything above $200,000. Unlike a single flat percentage, this structure means the effective overall rate actually declines as the recovery grows larger.

A built-in path to a higher fee, if the cap falls short

The statute includes a genuinely distinctive escape valve: after winning, the attorney can petition the court to approve a fee exceeding the statutory schedule, if the court finds — using Rule 1.5's reasonableness factors as a guide — that the capped amount is inadequate, and that the higher fee doesn't exceed what the original contingent fee agreement specified as its own maximum. The attorney must have told the client about this possibility, in writing, before the agreement was ever signed.

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.

Maine attorney fees & net settlement — frequently asked questions

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

No. Outside professional negligence (medical malpractice) claims, Maine imposes no statutory cap on contingency fees — just the general reasonableness standard of Maine Rule of Professional Conduct 1.5.

How are attorney fees capped in a Maine medical malpractice case?

By a sliding scale under 24 M.R.S. section 2961: 33 1/3% of the first $100,000 recovered, 25% of the next $100,000, and 20% of anything above $200,000.

Can a Maine attorney ever recover more than this sliding-scale cap?

Yes, through a specific court petition process. After winning, the attorney can ask the court to approve a higher fee if the capped amount is inadequate under Rule 1.5 factors, provided it doesn't exceed what the original fee agreement specified and the client was told about this possibility in writing beforehand.

What comes out of a Maine 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 Maine 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 Maine contingency fee practice, Maine Rule of Professional Conduct 1.5, and 24 M.R.S. § 2961, verified per our methodology. Confirm your actual fee agreement and net recovery with a licensed Maine attorney before acting.