Settlement Split Calculator
Calculate how a settlement is divided among attorney fees, medical liens/expenses, and the net amount received by the claimant(s).
Formulas Used
Attorney Fee = Gross Settlement × (Attorney Fee % ÷ 100)
After Attorney & Costs = Gross Settlement − Attorney Fee − Case Costs
Net to Claimants = After Attorney & Costs − Medical Liens
Per-Claimant Amount = Net to Claimants × (Claimant Split % ÷ 100)
Assumptions & References
- Attorney fees are calculated on the gross settlement amount before deductions, which is the most common contingency fee structure in the U.S. (some agreements calculate on the net; verify your retainer agreement).
- Case costs/expenses are deducted after the attorney fee is calculated from gross.
- Medical liens and subrogation claims (e.g., Medicare, Medicaid, health insurer) are deducted from the remaining balance before distribution to claimants.
- Typical contingency fees range from 25%–40%; one-third (33.33%) is most common for pre-litigation settlements (American Bar Association).
- Medicare/Medicaid subrogation rights are governed by the Medicare Secondary Payer Act (42 U.S.C. § 1395y) and Medicaid anti-lien statutes.
- This calculator does not account for taxes. Personal injury compensatory damages are generally excludable from gross income under IRC § 104, but punitive damages and interest are taxable.
- Results are estimates only. Actual disbursements depend on your specific retainer agreement, lien negotiations, and applicable state law.