Last updated on November 4th, 2026 at 10:35 pm
The amount of an injury settlement is not necessarily the amount you receive. Before relying on a take-home figure, ask for a written breakdown of attorney fees, case expenses, any repayment claims and the amount proposed for you.
The useful question is not just “What percentage comes out?” It is “What is each deduction, why does it apply, and is the amount final?” A clear breakdown makes that conversation possible without turning an estimate into a promise.
Start with your actual fee agreement
Find the agreement you signed and any later changes. Ask the lawyer to show how the proposed fee follows that agreement, including the amount on which it is calculated. Do not substitute a percentage you saw in an advertisement or heard from someone else’s case.
The State Bar of California’s fee guide explains why a contingency agreement should state the percentage and whether the fee is calculated before or after costs. Those choices can change the arithmetic.
For the basic distinction between a contingency fee and other expenses, see What Is a Contingency Fee? Here, the focus is checking the actual distribution of a particular recovery.
Separate the lawyer’s fee from the case expenses
A case expense is not automatically the same thing as the attorney’s fee. Ask for an itemized list rather than one unexplained “costs” number. Depending on the case, records, filing, deposition or expert expenses may appear.
For an entry you do not recognize, ask what service it purchased, when it was incurred and where the agreement addresses it. If you previously paid an expense yourself, flag that payment so the records can be reconciled.
A practical check is to work down the list rather than arguing about the total first. An invoice, date or payment receipt can identify a duplicate or misunderstanding more quickly than a general accusation.
Identify who else claims part of the money
Ask whether any provider, health plan, benefit program, previous lawyer or other person has asserted a claim against the recovery. An asserted claim is something to examine; it is not proof that every requested amount must be paid exactly as demanded.
For example, Medicare has a conditional-payment recovery process when applicable. That is a reason to identify Medicare involvement—not a rule that every medical bill or insurance payment is handled the same way.
Ask which amounts are final, which are disputed and which are still being confirmed. If a proposed take-home figure assumes a reduction that has not been agreed, have the assumption marked. Keep this question separate from whether the original provider’s bill was accurate.
Ask what must happen before money can be released
Agreement, receipt of funds and distribution are different events. Ask whether payment has arrived, what conditions remain and whether any amount is being held while a particular issue is resolved.
California Rule of Professional Conduct 1.15 addresses safeguarding funds, accounting and distribution. It is not a promise that every settlement can be paid to a client on the same timetable.
If the explanation is simply “we are waiting,” ask what is awaited, who is responsible for it and when the next check will occur. Request an explanation of any proposed hold rather than assuming the whole settlement is unavailable or immediately distributable.
Review these six lines before relying on the total
- Gross recovery: what funds are included in this particular statement?
- Attorney fee: which agreement term and calculation produce it?
- Case expenses: is there an itemized record, including payments already made?
- Other claims: who is being paid, on what basis and for what final amount?
- Any hold: what is held, why, and what resolves it?
- Client amount: what is available now, and what remains estimated?
Ask for a corrected statement when a number changes. Save it with the agreement and payment confirmations so there is one current version to follow.
Raise a specific question while there is still time to explain it
You do not need accounting jargon. “I cannot match this expense to the list,” or “Is this repayment figure final?” is a clear question. Ask for the supporting explanation in writing and keep track of the response.
Do not post private settlement statements, medical claims or account details in a public review or an ordinary website form. If you want to discuss an injury matter, tell John what happened or call (888) 508-6806, and ask how to share documents securely.
For the original billing questions, see who pays medical bills after a car accident.
Before entering a new fee agreement, use these questions to ask a personal injury lawyer.
For the types of incidents the firm handles, see the practice-area overview.
General information only. This is not a fee quote, settlement estimate, tax opinion or determination of any deduction; agreements, applicable law and the individual facts control.
