One of the biggest concerns people have after an injury is whether they can afford a lawyer. Medical bills are piling up, you may be unable to work, and the last thing you need is another expense. The good news is that personal injury attorneys typically work on a contingency fee basis, which means you pay nothing upfront and owe no attorney fees unless you win your case.
What Is a Contingency Fee?
A contingency fee is a payment arrangement where the attorney’s fee is contingent upon—or depends on—the outcome of your case. Instead of charging an hourly rate or requiring a retainer, the attorney agrees to represent you in exchange for a percentage of any settlement or verdict you receive.
If your case is successful, the attorney’s fee is deducted from your recovery. If your case is unsuccessful, you owe no attorney fees.
This arrangement allows injured people to access quality legal representation regardless of their financial situation. You can pursue justice without worrying about how to pay for a lawyer.
Typical Contingency Fee Percentages
Contingency fees in personal injury cases typically range from 33⅓% to 40% of the total recovery, depending on whether the case settles or goes to trial.
Pre-Litigation Settlement: If your case settles before a lawsuit is filed, the fee is often around 33⅓%.
Post-Litigation Settlement: If a lawsuit is filed and the case settles during litigation, the percentage may increase to around 40% to account for the additional work involved.
Trial: Cases that proceed to trial require significantly more time, preparation, and resources, which is reflected in the fee percentage.
The exact percentages vary by firm and should be clearly stated in your retainer agreement before you hire an attorney.
New York Rules on Contingency Fees
New York has specific rules governing contingency fees in personal injury cases to protect clients. Under the New York Rules of Professional Conduct, contingency fee agreements must be in writing and clearly explain how the fee will be calculated.
For medical malpractice cases, New York follows a sliding scale set by the Appellate Division, where the percentage decreases as the recovery amount increases. This ensures that clients receive a larger share of substantial recoveries.
Personal injury cases involving other types of accidents, such as car accidents, construction accidents, or premises liability claims, are not subject to the same sliding scale but must still comply with the rules requiring written agreements and reasonable fees.
What About Case Costs?
In addition to attorney fees, personal injury cases involve various costs, such as:
- Court filing fees
- Costs for obtaining medical records
- Fees for medical professionals to review your case
- Deposition transcript costs
- Investigation expenses
- Fees for accident reconstruction or other specialists
How these costs are handled should be clearly explained in your retainer agreement. In many cases, the law firm advances these costs during the case and is reimbursed from the settlement or verdict. If the case is unsuccessful, you should clarify whether you are still responsible for these costs.
Benefits of Contingency Fees
Access to Justice
The contingency fee system levels the playing field. Whether you were injured in a car accident, slip and fall, or truck accident, you can pursue your claim without financial barriers.
Aligned Interests
Because your attorney only gets paid if you win, your interests are aligned. Your attorney is motivated to maximize your recovery because their fee depends on it. This creates a partnership focused on achieving the best possible outcome.
No Financial Risk
If your case is unsuccessful, you do not owe attorney fees. This removes the risk of paying for legal services and receiving nothing in return.
Resources for Your Case
Contingency fee arrangements allow attorneys to invest significant resources into your case, including hiring investigators, consulting with medical professionals, and retaining accident reconstruction specialists. These resources can make the difference between winning and losing.
Questions to Ask About Fees
Before hiring a personal injury attorney, make sure you understand the fee arrangement. Ask:
- What percentage will you charge?
- Does the percentage change if the case goes to trial?
- How are case costs handled?
- Are costs deducted before or after the attorney fee?
- What happens if my case is unsuccessful?
- Are there any fees or costs I might owe regardless of the outcome?
A reputable attorney will explain the fee structure clearly and put everything in writing.
Why Free Consultations Matter
Most personal injury attorneys, including our firm, offer free initial consultations. This allows you to discuss your case, learn about your legal options, and understand the fee arrangement without any obligation or cost.
During a free consultation, you can ask questions about the attorney’s experience with cases like yours, their assessment of your claim, and how they would approach your case. This helps you make an informed decision about whether to move forward.
Our Commitment to Clients
At Isaacson, Schiowitz & Korson, LLP, we work on a contingency fee basis because we believe that everyone deserves access to quality legal representation, regardless of their financial circumstances. With more than 75 years of combined experience and over $200 million recovered for our clients, we have the resources and dedication to fight for the compensation you deserve.
We represent injury victims throughout New York, including Manhattan, Brooklyn, the Bronx, Queens, Nassau County, and Rockville Centre. Contact us today for a free consultation to discuss your case—you have nothing to lose and everything to gain.
