How Contingency Fees Work for Personal Injury Cases in New York
If you’ve been injured in an accident in New York, one of your first concerns may be whether you can afford a lawyer. The good news is that personal injury attorneys across New York State don’t charge any upfront fees. Instead, they work on what’s called a contingency fee basis—meaning they only get paid if they win your case.
Under New York law (see 22 NYCRR 603.7(e)(1)-(2)), attorneys handling most personal injury claims can charge no more than 33⅓% of your total compensation. Medical malpractice cases have different rules, which we’ll discuss shortly.
Let’s break down what this means and how it affects your case.
Understanding Contingency Fees in NY Injury Cases
When you hire a personal injury lawyer in New York, you won’t be asked to pay hourly fees, retainers, or other out-of-pocket legal costs upfront. Instead, you and your lawyer will sign an agreement where they receive a percentage of the settlement or court award only if they successfully recover compensation on your behalf.
If they win your case, the settlement check typically goes to your attorney. From that total, they’ll deduct their agreed-upon percentage, along with any case-related expenses (if applicable), and you’ll receive the remainder.
Why Do Personal Injury Lawyers Use Contingency Fee Agreements?
Personal injury victims often face serious financial strain—medical bills, lost income, and the stress of recovery. Most cannot afford to pay legal fees out of pocket, and the contingency model ensures that anyone can access qualified legal representation, regardless of their financial situation.
Contingency agreements also align the interests of the lawyer and client. Since the attorney only gets paid if you do, they’re highly motivated to pursue the maximum possible compensation for your case.
Are There Legal Limits on Contingency Fees in New York?
Yes—for certain types of cases. While the standard cap in most personal injury cases is 33⅓%, medical malpractice cases follow a sliding scale, as established in New York Judiciary Law § 474-a(2):
- 30% of the first $250,000
- 25% of the next $250,000
- 20% of the next $500,000
- 15% of the next $250,000
- 10% of any amount over $1.25 million
This tiered structure helps ensure fair attorney fees in cases involving very large settlements.
For other injury cases—including:
- Car accidents
- Motorcycle crashes
- Slip and falls
- Truck accidents
- Workplace injuries
…the 33⅓% cap generally applies.
Will I Be Charged for Additional Legal Costs?
Besides attorney fees, some cases involve additional costs necessary to build and manage your claim. These may include:
- Court filing fees
- Medical records
- Expert witness fees
- Deposition costs
- Investigation expenses
Many law firms cover these costs upfront and are reimbursed once they recover compensation for you. Others may deduct these costs separately from your award, or include them in their fee agreement. Be sure to ask your lawyer how they handle expenses during your consultation.
How Much Will My Personal Injury Lawyer Charge?
New York attorneys are required under the Rules of Professional Conduct to clearly explain their fees in writing before representing you. Your fee agreement should include:
- The exact percentage your attorney will take
- Whether costs are included in that percentage or charged separately
- What happens if the case is lost (you generally owe nothing)
Never hesitate to ask your attorney to clarify the agreement. It’s essential to fully understand how the arrangement works before you sign.
What Am I Paying for When I Hire a Personal Injury Lawyer?
When you hire a skilled personal injury lawyer in New York, you’re getting more than just legal representation. You’re hiring someone to:
- Explain the process and answer your questions
- Handle all communication with insurance companies and opposing parties
- Gather evidence and build a strong case
- Identify the at-fault parties and prove liability
- Negotiate aggressively to recover the highest possible compensation
- Take your case to trial if necessary
Your lawyer will fight to recover all the damages you’re entitled to, including:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Property damage
- Out-of-pocket costs
- Pain and suffering
- Emotional distress
Key Takeaways About Contingency Fees in NY Injury Cases
- You don’t pay upfront to hire a New York personal injury attorney.
- Most attorneys charge up to 33⅓% of your recovery in personal injury cases.
- Medical malpractice claims have tiered fee limits.
- Ask whether case-related costs are included in the fee or billed separately.
- Fee agreements must be in writing and clearly explained to you.
Speak With a New York Injury Lawyer Today—Free Consultation
If you or a loved one has been injured and you’re unsure about legal fees or how the process works, speak with a personal injury attorney right away. The initial consultation is always free, and there’s no financial risk to learn your options.
Call (516) 271-3489 or complete our free case evaluation form to get started today.