Most personal injury lawyers in New York charge no upfront fee; they work on a contingency basis, meaning they only get paid if they recover money for you, typically around one-third of the final settlement or verdict.
New York does impose strict rules on how much lawyers can charge, including a sliding-scale cap under Judiciary Law § 474-A for medical malpractice cases and fee schedules set by the Appellate Division for other personal injury claims.
In practice, the actual cost depends on the type of case, the size of the recovery, and how expenses are handled in your retainer agreement.
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Do You Have to Pay a Personal Injury Lawyer Upfront?
No. In virtually every personal injury case handled in New York, your attorney takes the case on a contingency fee basis. You do not pay a retainer, you do not pay by the hour, and if the case doesn't result in a recovery, you owe no attorney's fee.
The New York City Bar describes it plainly: "most, if not all, New York City personal injury lawyers work on what is called a 'contingency fee' basis," where the lawyer is paid a percentage of the money recovered rather than by the hour.
That percentage is deducted from your settlement or verdict at the end of the case. Nothing comes out of your pocket before that point. For a deeper breakdown of how that percentage is calculated across different case types, see our guide on what percentage personal injury lawyers take in New York.
This arrangement exists because the people most likely to need personal injury lawyers are often the least able to afford them.
One little clarification worth noting, the consultation itself is usually free, or costs very little. Through the NYC Bar Legal Referral Service, an initial consultation with a screened personal injury attorney costs $35 or is free depending on the case type.
Most personal injury firms offer free consultations outside of that service as well.
What Percentage Does a Personal Injury Lawyer Take in New York?
For most personal injury cases (car accidents, slip and falls, construction injuries, and similar claims), the standard contingency fee in New York is approximately one-third of the recovery, or 33.33%.
The Fourth Department's rule on contingency fees in personal injury and wrongful death actions (Section 1015.15) provides two structural options:
- Schedule A (sliding scale): 50% of the first $1,000 recovered; 40% of the next $2,000; 35% of the next $22,000; and 25% of any amount above $25,000.
- Schedule B (flat percentage): A single rate not exceeding 33.33% of the sum recovered, if the retainer agreement specifies this structure.
In practice, Schedule B is the more commonly used structure for larger settlements. The New York State Bar Association has stated that a contingency fee exceeding the Appellate Division's schedule in a personal injury matter would not be considered reasonable.
Lawyers cannot simply name whatever percentage they want.
Is the Fee Different for Medical Malpractice Cases?
Yes, and this distinction matters. Medical malpractice cases in New York are governed by a separate statute, Judiciary Law § 474-A, which imposes a sliding-scale cap that results in a lower effective percentage as the recovery amount grows.
The statutory fee structure for medical, dental, and podiatric malpractice cases is as follows:
| Amount Recovered | Attorney's Fee |
| First $250,000 | 30% |
| Next $250,000 | 25% |
| Next $500,000 | 20% |
| Next $250,000 | 15% |
| Anything over $1,250,000 | 10% |
To put that in real numbers: on a $1,250,000 medical malpractice recovery, the attorney's fee would be calculated as follows:
- 30% of $250,000 = $75,000
- 25% of $250,000 = $62,500
- 20% of $500,000 = $100,000
- 15% of $250,000 = $37,500
Total fee: $275,000 — an effective rate of 22%, well below the one-third standard that applies to other personal injury cases.
What's the Difference Between Attorney Fees and Case Expenses?
This is one of the most important distinctions to understand before signing a retainer, and it's one that many clients don't think to ask about.
The attorney's fee is the percentage of the recovery that goes to the lawyer as compensation for their work. It's contingent — if there's no recovery, there's no fee.
Case expenses (also called disbursements) are the actual out-of-pocket costs of litigating the case. These are separate from the fee and can be substantial in complex cases. They typically include:
- Court filing fees
- Expert witness fees (which can run into tens of thousands of dollars in medical malpractice cases)
- Medical record retrieval costs
- Deposition costs and transcript fees
- Investigation costs
How these expenses are handled depends on what your retainer agreement says. There are two general models:
Net basis: Expenses are deducted from the gross recovery first, and then the attorney's percentage is applied to the remaining (net) amount. Your attorney's fee ends up being lower, but you've already paid for the expenses out of the total recovery.
Gross basis: The attorney's percentage is applied to the full gross recovery, but the attorney has agreed to advance all case costs. The expenses are then repaid out of your share. Under Judiciary Law § 488(2)(d), attorneys may agree to advance costs under certain conditions.
Using a simple example: say your case settles for $300,000 and there were $20,000 in expenses.
- Net basis: $300,000 minus $20,000 = $280,000. Attorney's fee at 33.33% = approximately $93,333.
- Gross basis: Attorney's fee at 33.33% of $300,000 = $100,000, and then $20,000 in expenses comes out of your share separately.
The numbers end up in slightly different places depending on the arrangement, so it is worth asking specifically how your retainer is structured before you sign.
One more critical question.
What happens to expenses if the case doesn't result in a recovery?
Most contingency agreements eliminate the attorney's fee if there's no recovery, but the treatment of advanced expenses varies by firm and should be spelled out clearly in the retainer.
What Questions Should You Ask Before Signing a Retainer?
Before you commit to any representation agreement, these are the questions worth asking directly:
- What is your contingency percentage? And does it change if the case goes to trial versus settling early?
- Is your fee calculated on the gross or net recovery? Understanding this affects how much of the settlement you actually take home.
- Who advances case expenses? And if we lose, am I responsible for reimbursing those costs?
- Are there any fees I would owe if we don't recover anything?
- Are you subject to the Appellate Division fee schedule or Judiciary Law § 474-A? The answer will depend on the type of case.
A trustworthy attorney will answer all of these plainly before you sign anything. If someone is reluctant to explain the fee structure, that's information too.
Don't Let Fee Questions Hold You Back
The right legal guidance starts with understanding your options. Talk with a New York personal injury attorney about contingency fees, case expenses and what representation may involve.
Summing It Up
Hiring a personal injury lawyer in New York costs nothing upfront in virtually every case. You pay a percentage of what you recover, and nothing if you don't.
For most personal injury cases, that percentage is capped at around one-third by court rules.
For medical malpractice specifically, New York law under Judiciary Law § 474-A imposes a sliding scale that protects clients in higher-value cases, bringing the effective rate down considerably.
If you've been injured and are weighing your options, understanding the cost structure is a reasonable first step. The next one is a conversation with an attorney who can evaluate your specific situation. If your injury involved a medical provider, a useful place to start is understanding whether you have a medical malpractice case.
Frequently Asked Questions
How much do personal injury lawyers charge in New York?
Most personal injury lawyers in New York charge a contingency fee of approximately one-third (33.33%) of the recovery, with no upfront cost. For medical malpractice cases, the fee is capped by a sliding scale under Judiciary Law § 474-A, which reduces the effective percentage as the recovery amount increases. New York's Appellate Division fee schedules set the ceiling on what attorneys can charge for other personal injury matters.
What is a contingency fee?
A contingency fee is a payment structure where the attorney's compensation depends entirely on winning or settling the case. If no money is recovered, no attorney's fee is owed. The fee is a percentage of the final recovery, deducted at the conclusion of the case. In New York personal injury cases, this percentage is typically around 33.33%, subject to court rules.
Do I owe anything if I lose my case?
If your case does not result in a recovery, you generally owe no attorney's fee. However, your responsibility for case expenses such as expert witness fees, filing costs, and investigation costs. Some firms absorb these costs entirely; others require reimbursement even without a recovery. Ask this question directly before signing.
Is the attorney fee the same for medical malpractice as for car accidents?
No. Medical malpractice cases in New York are governed by a different fee structure under Judiciary Law § 474-A. This statute imposes a sliding scale where the percentage decreases as the recovery grows, starting at 30% of the first $250,000 and dropping to 10% on amounts above $1.25 million. Car accident, slip and fall, and other general personal injury cases typically follow the Appellate Division's fee schedules, which cap fees at around one-third.
Can a lawyer charge more than one-third in a personal injury case?
In New York, generally no. The Appellate Division's fee schedules set the maximum allowable contingency fee for personal injury and wrongful death cases. The New York State Bar Association has stated that fees exceeding those schedules would not be considered reasonable. Attorneys are also prohibited from charging any fee above the sliding-scale cap set by Judiciary Law § 474-A in malpractice cases.
What expenses are separate from the attorney's fee?
Case expenses also called disbursements are separate from the attorney's contingency fee and include court filing fees, expert witness costs, medical record fees, deposition expenses, and investigation costs. In complex cases, especially medical malpractice, these can be substantial.
Should I negotiate the contingency fee?
In New York, the fee is largely governed by statute and court rules, so there isn't a great deal of room to negotiate in the way you might haggle over a price. That said, you should still discuss the fee structure clearly before signing anything, including how expenses are handled.
How is the fee calculated on a medical malpractice settlement?
Under Judiciary Law § 474-A, the fee is calculated in tiers. On a $500,000 settlement, the calculation would be: 30% of the first $250,000 ($75,000) plus 25% of the next $250,000 ($62,500), for a total fee of $137,500 an effective rate of 27.5%.
What happens to the fee if the case goes to trial instead of settling?
Some retainer agreements include a higher contingency percentage if the case proceeds to trial, reflecting the additional time and work involved. This is something to ask about specifically. Any fee increase should be clearly stated in writing before you agree to representation.
This article is for informational purposes only and does not constitute legal advice. Every case is different. Prior results do not guarantee similar outcomes. If you have been injured and want to understand your options, contact Porter Law Group for a free consultation.
