New York personal injury

SettleScore Recovery Calculator

A settlement number is not the number on your check. Put in the figures from your case and see what reaches you after the lawyer’s fee, the cost of running the case, and medical bills that have to be paid back.

Your case

The case
The number you agreed to, before anything comes out of it.

New York no-fault coverage may pay up to $50,000 for medical bills and lost pay, subject to eligibility and policy limits, so those bills are usually not part of the settlement.

Does either of these apply?
The lawyer’s fee
How is the fee set?
Most New York injury agreements use one third; check yours.
Is the fee taken before or after case costs?
The wording in your fee agreement controls this choice.
How far did your case go?

Estimated case costs: $5,000

This is a rough illustration using 2%, 5%, or 10% of the settlement by stage (at least $300, up to the settlement), not a figure from your lawyer. Ask for your actual case costs.
Who gets paid back

A payer that covered injury-related care may claim repayment.

Where the money goes

Estimate

Updated you take home estimate: $54,266.67.

You take home
$54,266.67
You keep 54.3% of the settlement.
Lawyer’s feeCase costsMedical paybacksYou take home
WhatAmount
Settlement amountThe number you agreed to$100,000.00
Lawyer’s feeOne third, before case costs−$33,333.33
Case costsIllustrative estimate from the case stage, not an actual bill−$5,000.00
MedicareReduced for the fee and costs−$7,400.00
MedicaidCare Medicaid paid for$0.00
Hospital or health insuranceBills they covered and want back$0.00
You take home$54,266.67

What changes this number

Using the other fee timing would change this estimate by $1,467.

Reducing Medicare’s bill saves an estimated $4,600 here.

Use this result to ask better questions; the closing statement and your agreement control.

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The fine print, plainly

How each number is figured

The lawyer’s fee

New York court rules limit what an injury lawyer can charge. A lawyer can use a sliding scale or a flat rate of up to one third when the agreement says so. Medical malpractice has a lower statutory schedule and is calculated after case costs.

Paying Medicare back

Medicare can claim repayment for related treatment, but its demand may be reduced by its share of the fee and costs that produced the settlement. The calculator shows that reduction as an estimate, not a final demand.

The other bills

Medicaid, a hospital or an insurer may claim part of the recovery. If you were hurt at work and sued someone else, the workers’ compensation carrier may also have a lien.

The breakdown you are owed

Ask for a closing statement listing the settlement, fee, costs and every bill paid from it. Compare every line with your fee agreement and the letters from the payers.

What this calculator leaves out

Medical bills are often negotiated rather than paid in full. Health plans may follow federal rules, no-fault insurance may pay early medical bills, and structured payments, court approval or a cash advance can change the result. Use this estimate to ask sharper questions, not as an accounting.

Sources behind the estimate

Common questions

How much of my settlement do I actually keep?
It depends on the lawyer’s fee, case costs, and medical bills that must be repaid. A $100,000 settlement with a one-third fee, $4,000 in costs and a $12,000 Medicare bill often lands around $55,000.
What is the most a personal injury lawyer can charge in New York?
Court rules cap the fee. A lawyer may use a sliding scale or a flat rate of up to one third if you agreed to it in writing. Your fee agreement controls.
Is the fee taken before or after case costs?
Either can be used, depending on the fee agreement. Taking the fee after costs generally leaves more for you, so check the wording you signed.
What counts as case costs?
Filing fees, medical records, deposition transcripts, expert reports and investigators are common examples. The firm usually advances them and is repaid from the settlement. If you do not know the actual amount, the case-stage estimate is only a rough illustration.
Do I have to pay Medicare back out of my settlement?
Usually, if Medicare paid for treatment related to the injury. Medicare’s demand can be reduced to account for the fee and costs that produced the recovery.
What about Medicaid or a hospital?
Medicaid and a hospital may claim repayment for injury-related care. Those claims are often negotiated and the final amount should appear on your closing statement.
What if I was hurt at work?
When you also recover from another responsible party, the workers’ compensation insurer may be repaid from that recovery, subject to a fair share of fees and costs.
Will my lawyer give me a written breakdown?
Yes. Ask for the closing statement listing the settlement, fee, costs and every payment made from the recovery. Read it against your fee agreement.

Keep reading

Estimates only, based on New York fee rules and payback laws in effect as of publication. Case-stage cost percentages are illustrative assumptions, not published billing data; replace them with actual costs when available. This page is general information, not legal advice, and using it does not create an attorney-client relationship. Your fee agreement and the letters from Medicare, Medicaid or your insurer control.