Personal Injury Fee Calculator
See exactly what you’ll owe before you sign anything — $0 Out-Of-Pocket, and the Bigger Share Guarantee® means you always take home more than your lawyer.
Most personal injury attorneys charge 33–40% of your settlement — and that percentage often climbs when a case goes to litigation. At Sam Aguiar Injury Lawyers, our Bigger Share Guarantee® locks in a no increased litigation fees contingency fee that never increases, no matter how long your case takes or whether it goes to trial. You pay $0 Out-Of-Pocket. No retainer. No hourly billing. No deductions until you win. Learn how our contingency fee structure compares to what most firms charge — and use the tables below to see the math on a real settlement.
How Personal Injury Contingency Fees Work
A contingency fee means your attorney only gets paid when you recover money. You pay nothing upfront. Once your case settles — or a jury awards you damages — the attorney’s fee is deducted as a percentage of that recovery. Case expenses (filing fees, medical record retrieval, deposition costs, etc.) are also deducted, typically after the attorney fee is calculated.
The percentage matters enormously. The difference between a 33% fee and a fee on a $500,000 settlement is $10,000 out of your pocket. On a $1 million settlement, that same 2% difference is $20,000. And many firms charge 40% once litigation begins — which can cost you $50,000 more than our flat rate on a seven-figure case.
Why Some Firms Charge More As Cases Progress
The escalating fee structure is standard practice: 33% if the case settles before a lawsuit is filed, 40% once litigation begins, and sometimes higher if an appeal is needed. Firms justify this by pointing to increased work and risk as the case progresses. The problem is that clients often don’t know the fee will jump until they’re in the middle of litigation.
Our no increased litigation fees never changes. Whether your case settles in 90 days or goes to a Jefferson County Circuit Court jury trial, you know exactly what the fee will be from day one. That’s the Bigger Share Guarantee®.
The Bigger Share Guarantee® — What It Means in Plain English
- No increased litigation fees contingency fee — never increases for litigation, appeals, or any other reason
- $0 Out-Of-Pocket Forever — no retainer, no upfront costs, no costs if we don’t recover
- You keep more — compared to firms that escalate to 40%, you take home a bigger share of every settlement
- No hidden costs — case expenses are disclosed upfront and only deducted when you win
Fee Calculator: See the Numbers Side by Side
The tables below show the real dollar difference between our no increased litigation fees rate and the escalating 33–40% structure used by most firms. “Industry standard” assumes 33% for pre-litigation settlements and 40% once a lawsuit is filed.
Pre-Litigation Settlements (Before a Lawsuit Is Filed)
| Settlement Amount | Industry Standard (33%) | Sam Aguiar | You Keep (Aguiar) |
|---|---|---|---|
| $50,000 | $16,500 | $17,500 | $32,500 |
| $100,000 | $33,000 | $35,000 | $65,000 |
| $250,000 | $82,500 | $87,500 | $162,500 |
| $500,000 | $165,000 | $175,000 | $325,000 |
| $1,000,000 | $330,000 | $350,000 | $650,000 |
Note: Pre-litigation comparison uses 33% industry baseline. Actual case expenses are separate from attorney fees and vary by case. This table is for illustration only and does not constitute a legal fee agreement.
Post-Litigation Settlements (After a Lawsuit Is Filed)
This is where the difference becomes most significant. Once a case enters litigation, most firms jump to 40%. Our fee stays at 35%.
| Settlement Amount | Industry Standard (40%) | Sam Aguiar | You Save With Aguiar |
|---|---|---|---|
| $100,000 | $40,000 | $35,000 | $5,000 more to you |
| $250,000 | $100,000 | $87,500 | $12,500 more to you |
| $500,000 | $200,000 | $175,000 | $25,000 more to you |
| $750,000 | $300,000 | $262,500 | $37,500 more to you |
| $1,000,000 | $400,000 | $350,000 | $50,000 more to you |
Comparison uses 40% industry rate for litigated cases. This table is for illustration only and does not constitute a legal fee agreement.
Bottom line: On a $1 million litigated case, the no increased litigation fees rate means $50,000 more stays in your pocket compared to a firm that charges 40% once litigation begins. That’s the real value of the Bigger Share Guarantee®.
What “No Fee Unless You Win” Actually Means
Every contingency firm says “no fee unless you win.” But the details matter. Here’s what that phrase means at Sam Aguiar Injury Lawyers specifically:
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$0 Out-Of-Pocket to start
No retainer. No hourly charges. No upfront payment of any kind. You can call today with nothing in your wallet and we’ll start working on your case.
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We front all case expenses
Filing fees, medical record requests, accident reconstruction costs, deposition expenses — we advance all of it. These costs are only recovered from your settlement if you win.
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If there’s no recovery, you owe nothing
If we don’t win your case, you don’t pay attorney fees or case expenses. The financial risk stays with us, not you.
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Fee is calculated on gross recovery
Our fee is calculated as 35% of the total amount recovered before case expenses are deducted. This is industry standard. A full breakdown of the math is shown in your retainer agreement at signing.
How Our Fee Compares to What Kentucky Allows
Kentucky’s Supreme Court Rules govern attorney fee arrangements. SCR 3.130(1.5) requires that contingency fee agreements be in writing and that clients receive a clear accounting of all fees and expenses when a case concludes. There is no state-mandated cap on personal injury contingency fees in Kentucky — the market sets the rate. Most firms charge between 33% and 40% depending on case stage. Our no increased litigation fees sits in that range but never escalates, which is what makes it different.
The written fee agreement you sign before we begin your case spells out everything: the percentage, how expenses are handled, and exactly how proceeds will be distributed when your case resolves. No surprises. No fine print that changes the deal.
What About Case Expenses?
Case expenses are separate from the attorney fee. They cover the real-world costs of building your case:
- Medical record fees — obtaining records from hospitals, clinics, and providers
- Court filing fees — costs to file a lawsuit in Jefferson County Circuit Court or other venue
- Deposition costs — court reporter fees, transcript preparation
- Accident reconstruction — retained professionals to analyze the crash
- Medical testimony — fees for physicians or other professionals who testify about your injuries and future care needs
- Surveillance and investigation — when needed to counter insurance company tactics
We advance all of these costs. They are deducted from your settlement proceeds when the case concludes. In our retainer agreement, we disclose the types of expenses anticipated and keep you informed as costs accrue during your case.
Your Settlement Breakdown: A Real-World Example
Here’s how a $300,000 settlement might look in practice. These are illustration figures — your actual case will vary based on your specific circumstances.
| Item | Amount |
|---|---|
| Total Settlement | $300,000 |
| Attorney Fee (35% flat) | − $105,000 |
| Case Expenses (example) | − $8,500 |
| Medical Lien Repayment (example) | − $22,000 |
| Net to Client | $164,500 |
Medical liens vary by case. Lien amounts are negotiated separately and do not affect the attorney fee calculation. Case expense amounts are for illustration only.
The Bigger Share Guarantee® in Context
The name comes from a simple idea: you went through something serious. You deserve to keep as much of your recovery as possible. Reducing the attorney fee percentage — even by 5 percentage points compared to a litigated-case rate — puts real money back in your hands.
Combined with our firm’s track record — 40+ Seven-Figure Results Since 2020 and 1,000+ five-star reviews — the Bigger Share Guarantee® reflects our belief that the best outcome for you is one where the settlement is maximized and your share of it is as large as possible. For more on how fees work across different types of cases, see our detailed attorney fees page.
Frequently Asked Questions About Personal Injury Fees
What is a contingency fee in a personal injury case?
A contingency fee means your attorney only gets paid if you recover money. The fee is a percentage of your settlement or jury award. You pay nothing upfront, and if there’s no recovery, you owe nothing. At Sam Aguiar Injury Lawyers, the fee is a no increased litigation fees regardless of case stage — pre-litigation or at trial.
Does the fee go up if my case goes to trial?
Not with us. Most firms charge 33% for pre-litigation settlements and jump to 40% once a lawsuit is filed. Our Bigger Share Guarantee® locks in a no increased litigation fees from day one — it never increases, even if your case goes all the way to a jury trial or appeal.
What are case expenses and are they separate from the attorney fee?
Yes, case expenses are separate. They cover the actual costs of building your case: court filing fees, medical records, depositions, accident reconstruction, and similar items. We advance all expenses upfront — you pay nothing until your case resolves. If we don’t win, you owe nothing for expenses either.
How does the fee compare to what other Kentucky firms charge?
The industry standard in Kentucky ranges from 33% for pre-litigation settlements to 40% or more once litigation begins. Our no increased litigation fees is slightly above the lowest pre-litigation rate — but it never escalates. On a litigated $500,000 settlement, our no increased litigation fees saves you $25,000 compared to a 40% rate. For more detail, see our attorney fees page.
When do I pay the attorney fee — at settlement or during the case?
At settlement. The fee is deducted from the settlement proceeds before the funds are distributed to you. You never write a check to us during the case. The full financial breakdown is shown in your retainer agreement before you sign.
What is the Bigger Share Guarantee®?
It’s our commitment that you always keep a bigger share of your settlement than you would at most firms — thanks to our no increased litigation fees fee that never increases, combined with $0 Out-Of-Pocket costs. We keep less so you take home more. Learn more on our Bigger Share Guarantee® page.
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