Content reviewed by:
Alex Shulman
Personal injury lawyers in New York usually get paid through a contingency fee, meaning their legal fee comes from the compensation they recover for you rather than an upfront payment. If there is no recovery, you generally owe no attorney’s fee under that arrangement.
The fee percentage, case expenses, and other deductions affect how much compensation you ultimately receive. Understanding personal injury legal fees and payment terms before you hire a lawyer can help you avoid surprises and distinguish the total settlement from your net recovery.
Legal costs can be a concern after an injury. To learn more about how personal injury lawyer fees work in New York, contact a New York personal injury lawyer at Shulman & Hill and schedule a confidential consultation.
What Is a Contingency Fee?
A contingency fee makes your lawyer’s payment dependent on recovering compensation through a settlement or court award. Instead of billing you at an hourly rate, your personal injury attorney receives an agreed percentage of the recovery, subject to applicable legal limits.
This payment structure ties the attorney’s fee to the outcome of your case rather than the number of hours spent working on it.
Our attorneys at Shulman & Hill work on contingency. This arrangement can make legal representation accessible when an injury has left you facing medical bills or lost income, and you cannot afford upfront attorney’s fees. However, a contingency fee does not necessarily mean every expense associated with your case is waived if the claim is unsuccessful.
What Percentage Do Personal Injury Lawyers Charge in New York?
New York rules set fee schedules for contingency fees in personal injury cases. Under one schedule, the fee is calculated using different percentages for different portions of the recovery; under another, the fee cannot exceed 33⅓% of the recovery. The applicable schedule and your written fee agreement determine how your lawyer’s fee is calculated.
Your written fee agreement should state how the attorney’s fee is calculated and explain any terms you do not understand. Ask your lawyer to show you how the fee would work using a sample recovery amount, including how expenses and other deductions affect your final recovery.
Also ask whether the fee terms change if your claim ends through settlement negotiations, a trial, or an appeal. Our team at Shulman & Hill can answer your questions during your initial consultation.
Are Case Expenses Separate From Attorney’s Fees?
Yes. Attorney’s fees pay for legal services, while case expenses, also called disbursements, cover costs incurred while pursuing your claim. A lawyer may advance these expenses, but your agreement must explain who is responsible for them and when repayment is required.
Depending on what your case requires, expenses may include the following:
- Court filing fees cover charges for starting a lawsuit.
- Medical record fees cover the cost of obtaining records related to your injuries and treatment.
- Deposition expenses may include court reporter and transcript charges for sworn testimony.
- Fees for professional analysis or testimony may cover the review of medical evidence or accident reconstruction.
Ask whether expenses are deducted before or after the attorney’s fee is calculated. New York’s rules and the permitted arrangement in your agreement govern that calculation, and the method can affect your share of the recovery. Request an explanation of anticipated litigation costs and whether you will need to pay any out of pocket while the case is pending.
Do You Owe Anything if Your Lawyer Does Not Recover Compensation?
Under a standard contingency fee arrangement, you generally do not owe an attorney’s fee if your personal injury lawyer obtains no compensation. Responsibility for case expenses is a separate question.
Your written agreement must say whether you must reimburse expenses if there is no recovery or whether the firm assumes that risk. Do not treat “no fee unless we win” as a promise that you can never owe any costs. Clarify the difference between legal fees and litigation expenses before hiring an attorney.
Changing lawyers or ending representation can also raise separate fee questions. Ask how those circumstances are handled before signing an agreement or making a change.
Do Different Rules Apply to Certain Injury Claims?
Yes. Some injury claims involve additional rules or court oversight. For example, settlements involving children generally require court approval, including review of attorney’s fees and expenses. These requirements help protect the child’s interests and can affect how settlement funds are distributed.
If your claim involves special circumstances, ask which rules apply to the fee arrangement and settlement process. A general explanation of personal injury attorney fees in New York cannot replace a review of your specific fee agreement.
What Should You Review Before Signing a Fee Agreement?
Read the written retainer agreement carefully before authorizing representation. It should explain the scope of the lawyer’s work and the terms of your representation. Do not rely solely on an advertisement or verbal description of the payment arrangement.
New York Rule of Professional Conduct 1.5(c) sets requirements for written contingency fee agreements, including how the fee is calculated and how expenses are handled.
Before signing, make sure you understand these points:
- Confirm the fee percentage and the amount to which it applies.
- Clarify whether the agreement covers an appeal or other additional proceedings.
- Ask how liens and reimbursement claims could affect your final payment.
- Review what happens if you change lawyers or end the representation.
Our Experience Handling New York Injury Claims
At Shulman & Hill, we handle a range of personal injury claims across New York, with a focus on quality, strategy, and results. Our team at Shulman & Hill takes an individual approach to each case, conducting in-depth, in-house investigations to assess the evidence and build claims tailored to each client’s circumstances.
Our firm’s record includes more than $1 billion recovered for clients since our founding in 2013, reflecting our experience handling injury claims across New York.
Talk to Us About New York Personal Injury Lawyer Fees
If you have questions about the cost of hiring a personal injury lawyer in New York, contact us at Shulman & Hill to discuss your situation and ask about the fee arrangement that would apply to your claim.
We can explain how contingency fees work, which case expenses may apply, and how these costs may affect your final recovery. Our team can help you understand the terms of representation before you decide how to proceed.
