The attorney's fee: compensation for the work
The contingency fee is the attorney's own compensation for handling the case — calculated under whichever rule applies, the statutory malpractice schedule or the general reasonableness standard. It's earnings, not a reimbursement, and it's what the attorney keeps for taking on the risk and the work of the case.
Case costs: real expenses the case required
Case costs are something entirely different: actual out-of-pocket expenses the case genuinely needed. This typically includes expert witness fees, court filing fees, the cost of obtaining medical records, deposition transcripts, and similar litigation expenses. These are reimbursed, not earned.
A carve-out baked into the older fee framework
Under the pre-1986 contingency fee rules that still govern some older arrangements, the fee calculation specifically excludes amounts already paid for medical expenses by the health care provider or its insurer, and excludes future medical expense payments above $25,000 — a reminder that the fee base isn't always simply the full gross settlement figure.
A genuinely distinctive rule for large future medical costs
Where a malpractice settlement or judgment provides for future medical expense payments exceeding $100,000, the portion above that threshold is paid directly into the Injured Patients and Families Compensation Fund, rather than flowing through the ordinary settlement and fee calculation. This is a structural feature specific to Wisconsin's malpractice compensation system, not something an ordinary personal injury claim would involve.
Who fronts the money while the case is pending
Commonly, the attorney's office advances case costs as the litigation proceeds, with reimbursement coming out of the eventual settlement or award. The specific arrangement depends entirely on the individual fee agreement.