This MMI (Medicare, Medicaid, Other Government Programs) Settlement Calculator helps estimate the net proceeds available from a settlement after accounting for potential government program liens. When a settlement is reached in a personal injury or workers' compensation case, it's crucial to identify and satisfy any obligations to government healthcare programs like Medicare or Medicaid. Failing to do so can result in penalties and the government seeking reimbursement directly from the recipient.
The calculation aims to provide a realistic estimate of the funds you might receive after these deductions. It takes into account the total settlement amount, attorney fees, litigation expenses, mediator fees, and any amounts that may need to be apportioned to other parties or interests.
Key Components of the Calculation:
Total Claim Amount: This is the gross amount of the settlement before any deductions. It represents the total value agreed upon to resolve the claim.
Plaintiff's Attorney Fee: This is the percentage of the total claim amount that is paid to your attorney as their fee for representing you. This is typically calculated first.
Litigation Costs: These are the expenses incurred during the legal process, such as court filing fees, expert witness fees, deposition costs, and medical record retrieval fees. These are usually deducted after attorney fees.
Mediator Fee: In cases that involve mediation to reach a settlement, the mediator's fee is a cost that needs to be paid. This is also deducted from the settlement.
Apportionment Percentage: In some cases, a portion of the settlement may be attributed to or need to be paid to other entities or parties (e.g., workers' compensation liens, child support liens). This percentage determines how much of the *remaining* settlement after other deductions might be affected or allocated elsewhere. For MMI lien purposes, a crucial step is often to determine the portion of the settlement attributable to future medical care. This calculator simplifies by allowing an apportionment percentage which can represent that or other deductions.
How the Calculation Works:
The calculator follows a common order of operations for settlement disbursements:
Calculate Attorney Fees: The attorney's fee is calculated based on the Total Claim Amount and the Plaintiff's Attorney Fee Percentage.
Attorney Fee = Total Claim Amount * (Plaintiff's Attorney Fee Percentage / 100)
Calculate Amount After Attorney Fees: Subtract the attorney fees from the total claim amount.
Amount After Attorney Fees = Total Claim Amount - Attorney Fee
Calculate Amount After Costs and Fees: Subtract the Litigation Costs and Mediator Fee from the amount remaining after attorney fees.
Amount After Costs & Fees = Amount After Attorney Fees - Litigation Costs - Mediator Fee
Calculate Apportionment: The Apportionment Percentage is applied to the amount remaining after costs and fees. This is a critical step, as government programs often seek reimbursement only from the portion of the settlement attributable to past medical expenses or future medical needs. A simplified approach here is to apply the percentage. In real-world scenarios, this requires careful analysis and negotiation.
Apportioned Amount = Amount After Costs & Fees * (Apportionment Percentage / 100)
Estimate Net Settlement: The final Net Settlement is what remains after the apportioned amount is accounted for. This is the amount conceptually available to the claimant after all these specified deductions.
Net Settlement = Amount After Costs & Fees - Apportioned Amount
Important Note: This calculator provides an *estimate*. The actual amount payable to government programs like Medicare or Medicaid is determined through a formal review process by the respective agency. This often involves submitting a "Release of Interest" or similar documentation and receiving a formal lien amount. Negotiations regarding the MMI lien amount, especially concerning the portion attributable to future medical care, are common and can significantly impact the final net recovery. Always consult with your attorney for precise figures and advice.
function calculateMMISettlement() {
var claimAmount = parseFloat(document.getElementById("claimAmount").value);
var plaintiffAttorneyFeePercentage = parseFloat(document.getElementById("plaintiffAttorneyFeePercentage").value);
var litigationCosts = parseFloat(document.getElementById("litigationCosts").value);
var mediatorFee = parseFloat(document.getElementById("mediatorFee").value);
var apportionmentPercentage = parseFloat(document.getElementById("apportionmentPercentage").value);
var resultValueElement = document.getElementById("result-value");
var resultDetailsElement = document.getElementById("result-details");
// Clear previous results
resultValueElement.innerText = "–";
resultDetailsElement.innerText = "";
// Input validation
if (isNaN(claimAmount) || claimAmount <= 0) {
alert("Please enter a valid Total Claim Amount.");
return;
}
if (isNaN(plaintiffAttorneyFeePercentage) || plaintiffAttorneyFeePercentage 100) {
alert("Please enter a valid Plaintiff's Attorney Fee Percentage between 0 and 100.");
return;
}
if (isNaN(litigationCosts) || litigationCosts < 0) {
alert("Please enter a valid amount for Litigation Costs.");
return;
}
if (isNaN(mediatorFee) || mediatorFee < 0) {
alert("Please enter a valid amount for Mediator Fee.");
return;
}
if (isNaN(apportionmentPercentage) || apportionmentPercentage 100) {
alert("Please enter a valid Apportionment Percentage between 0 and 100.");
return;
}
// Calculations
var attorneyFee = claimAmount * (plaintiffAttorneyFeePercentage / 100);
var amountAfterAttorneyFees = claimAmount – attorneyFee;
var totalDeductionsBeforeApportionment = litigationCosts + mediatorFee;
var amountAfterCostsAndFees = amountAfterAttorneyFees – totalDeductionsBeforeApportionment;
// Ensure the amount after costs doesn't go below zero before apportionment
if (amountAfterCostsAndFees < 0) {
amountAfterCostsAndFees = 0;
}
var apportionedAmount = amountAfterCostsAndFees * (apportionmentPercentage / 100);
var netSettlement = amountAfterCostsAndFees – apportionedAmount;
// Ensure net settlement doesn't go below zero
if (netSettlement < 0) {
netSettlement = 0;
}
// Display results
resultValueElement.innerText = "$" + netSettlement.toFixed(2);
resultDetailsElement.innerText =
"Attorney Fees: $" + attorneyFee.toFixed(2) + " | " +
"Litigation Costs: $" + litigationCosts.toFixed(2) + " | " +
"Mediator Fee: $" + mediatorFee.toFixed(2) + " | " +
"Apportioned Amount: $" + apportionedAmount.toFixed(2);
}