Content reviewed by:
Alex Shulman
The cost of hiring a personal injury lawyer in New York is usually a percentage of your recovery rather than an upfront attorney’s fee. Many lawyers charge approximately one-third, subject to applicable rules and the written fee agreement. Case expenses are separate and can also affect the amount you receive.
Before hiring a lawyer, ask how the fee is calculated, who pays expenses, and what you could owe if there is no recovery. A New York, NY personal injury lawyer can explain these terms and how they apply to your claim.
How Does a Contingency Fee Work?
A contingency fee ties your lawyer’s payment to the outcome of your case. Instead of billing you hourly, your lawyer receives an agreed percentage of the money recovered through a settlement or judgment. You generally do not pay attorney’s fees while the legal work takes place.
If there is no recovery, you generally do not owe an attorney’s fee under this arrangement. Responsibility for case expenses is a separate issue that the written terms must address.
We explain the fee arrangement before you decide whether to hire us. The percentage, expense provisions, and services included should be clear enough for you to understand your payment obligations.
What Percentage Do Personal Injury Lawyers in New York Charge?
Many New York personal injury lawyers use a contingency fee of approximately 33.33%. This is a common arrangement, not a required rate for every claim. Court rules limit permissible fees and also recognize other fee schedules.
Additional requirements apply in certain cases. For example, settlements involving children require court approval, including review of attorney’s fees. A standard fee agreement does not replace that review.
Ask which percentage applies and what it covers. Do not assume that going to trial automatically increases the fee. Any terms concerning settlement, trial, or appeal must comply with the rules governing your case.
What Case Expenses Are Separate From Attorney’s Fees?
Attorney’s fees pay for legal services, such as evaluating liability, negotiating with insurers, and representing you in court. Case expenses cover the costs of investigating and pursuing the claim.
Depending on your case, expenses may include:
- Court filing fees: Charges required to begin a lawsuit or file certain documents.
- Medical record fees: Charges for treatment records used to document your injuries.
- Deposition costs: Court reporter and transcript charges for testimony taken before trial.
- Professional evaluations and testimony: Charges for medical opinions, accident reconstruction, or other technical analysis.
- Investigation expenses: Costs incurred to obtain evidence and locate witnesses.
The total depends on the work your claim requires. A dispute about future treatment may require additional medical analysis, while a dispute over fault may require reconstruction of the accident. Ask how expenses are tracked, when you will receive updates, and when repayment is due.
Will I Need to Pay Anything Upfront When I Hire a Personal Injury Lawyer in New York?
With a contingency fee arrangement, you generally do not pay an upfront fee to a personal injury attorney. A firm may also advance litigation expenses and seek repayment later. New York permits different arrangements for these expenses, so confirm what your agreement provides.
Advancing an expense means paying it initially. It does not necessarily mean the firm ultimately absorbs the charge. Ask whether you will be expected to pay any costs while the claim is pending.
Also confirm whether the initial consultation is free. We encourage you to raise any payment questions before signing so you can evaluate the cost of hiring a New York personal injury attorney with a clear understanding of the terms.
What Happens to Fees and Expenses if There Is No Recovery?
If your contingency-fee case ends without a recovery, you generally do not owe your attorney’s fee. Whether you must repay advanced expenses depends on the agreement and applicable rules. New York allows arrangements in which repayment of advanced expenses depends on the outcome.
Ask to see the provision explaining unsuccessful cases. A statement such as “no fee unless we win” does not, by itself, explain every possible expense obligation.
Changing lawyers can also raise questions about payment. Depending on the circumstances, a former attorney may have a claim against a later recovery. Ask how outstanding fees and expenses would be handled before ending the representation.
How Do New York Personal Injury Lawyer Costs Affect My Settlement?
Your settlement amount is not necessarily the amount you take home. Attorney’s fees, reimbursable expenses, and valid liens or repayment claims can reduce your share. The amount left after those deductions is your net recovery.
A Sample Settlement Calculation
Assume a $90,000 settlement, $6,000 in reimbursable case expenses, and a one-third fee calculated after deducting those expenses.
- Settlement: $90,000.
- Case expenses deducted first: $6,000.
- Amount used to calculate the fee: $84,000.
- Attorney’s fee of one-third: $28,000.
- Your share before other required deductions: $56,000.
This example illustrates the calculation only. It does not predict your case’s value or describe a particular firm’s fee agreement. Any valid liens or other required deductions would further affect your payment.
Why the Calculation Method Affects Your Share
New York’s applicable personal injury fee rules distinguish between calculating the fee after reimbursable expenses and a permitted gross-recovery calculation when the lawyer agrees to bear the expenses. Ask which method applies and who ultimately pays the expenses.
At the conclusion of a contingency case, your lawyer must provide a written statement explaining the outcome and, if money was recovered, your share and how it was calculated. Review the breakdown and ask about any deduction you do not understand.
What Should I Review Before Signing a Fee Agreement?
Your lawyer must provide written contingency fee terms that explain the calculation, applicable percentages, expense deductions, and any expenses you could owe even without a recovery. Read those terms before committing to representation.
Before signing, ask:
- Which percentage applies to my claim.
- Whether the agreement covers trial and any appeal.
- Whether expenses are deducted before the fee is calculated.
- Who pays expenses initially and who ultimately bears them.
- What I could owe if there is no recovery.
- How liens or reimbursement claims could affect my share.
- What happens to fees and expenses if representation ends early.
Keep a copy of the agreement and request a plain-language explanation of unclear provisions. A sample calculation can make the financial terms easier to compare. Your decision should rest on the written terms rather than assumptions about how injury claims are billed.
Discuss Your Personal Injury Legal Fees With Shulman & Hill
Shulman & Hill Injury Lawyers works on contingency and offers free, confidential consultations. We can explain our fee agreement, how case expenses are handled, and how deductions may affect a recovery before you decide whether to proceed.
Our firm combines detailed in-house investigations with significant experience in New York personal injury and construction accident claims. We will discuss both the financial terms and how we would investigate and prepare your case.
Contact Shulman & Hill to review your injury claim and ask about the fees and expenses that would apply. You should leave that conversation understanding what you are agreeing to and what your next steps would be.
