How do personal injury lawyer fees work in New York?
In New York, personal injury lawyers almost always work on a contingency fee — you pay no attorney fee up front, and the lawyer is paid a percentage of the money recovered only if the case succeeds. For most injury cases the customary fee is one-third of the net recovery. Medical-malpractice cases follow a lower, sliding scale set by Judiciary Law § 474-a. Case expenses are separate from the attorney's fee.
"Contingency" is the reason someone can hire an experienced injury lawyer without writing a check on day one. But there is more to it than a single number: the percentage, how expenses are treated, and what the written retainer must disclose all matter. Here is how it generally works in New York, described as the standard rules and customary practice.
What is a contingency fee?
A contingency fee is an arrangement in which the lawyer's fee is a percentage of the money recovered, paid only if there is a recovery. If the case does not succeed, you generally owe no attorney fee. That is what "no fee unless there is a recovery" means.
The point of the structure is access: it lets an injured person pursue a claim against a well-insured defendant without paying by the hour. It also aligns incentives, because the lawyer is only paid when the client recovers. Contingency fees are standard in New York personal-injury work and are regulated — a contingent-fee agreement must be in writing and signed by the client under Rule 1.5(c) of the New York Rules of Professional Conduct, and the Appellate Division departments impose additional rules on injury and wrongful-death cases.
What is the standard percentage in New York?
For most personal-injury cases in New York, the customary contingency fee is one-third (33⅓%) of the net recovery — that is, one-third of what is left after case expenses are deducted. This one-third figure is the norm for ordinary negligence cases such as car accidents and slip-and-falls.
New York's court rules actually give injury lawyers a choice: a sliding scale that starts higher on the first dollars recovered, or a flat one-third of the net sum recovered. In practice the one-third option is by far the most common. These limits come from the Appellate Division's contingency-fee rules — for example, 22 NYCRR 691.20 in the Second Department, which covers Brooklyn and the surrounding counties. To understand what actually drives the size of a recovery in the first place, see our guide to what a car accident case is worth in New York.
How are medical malpractice fees different?
Medical-malpractice cases are the major exception to the one-third norm. New York caps the attorney's contingency fee in these cases on a descending sliding scale set by Judiciary Law § 474-a, so the percentage shrinks as the recovery grows.
Under § 474-a, the maximum contingent fee in a medical, dental, or podiatric malpractice case is:
| Portion of the recovery | Maximum fee |
|---|---|
| First $250,000 | 30% |
| Next $250,000 | 25% |
| Next $500,000 | 20% |
| Next $250,000 | 15% |
| Any amount over $1,250,000 | 10% |
The result is that the lawyer earns a smaller share on larger malpractice recoveries than on an ordinary injury case. This scale is fixed by statute, not by the individual retainer.
What is the difference between the attorney fee and case expenses?
The attorney's fee (the percentage) and the case expenses are two separate things, and confusing them is a common mistake. Expenses are the out-of-pocket costs of building the case — court filing fees, medical records, expert witnesses, deposition transcripts, and similar items — and they are separate from the lawyer's percentage fee.
In most New York injury cases the law firm advances these expenses as the case goes, and they are repaid out of the recovery at the end. New York's rules allow this: under Rule 1.8(e) of the Rules of Professional Conduct, a lawyer may advance litigation expenses and make repayment contingent on the outcome. It matters whether the contingency percentage is calculated before or after expenses are deducted — New York's departmental rules generally compute the fee on the net sum recovered, meaning expenses come out first and the percentage is applied to what remains.
Who pays the case expenses if the case is lost?
Whether you owe expenses if the case does not succeed depends on your written retainer, so read that clause closely. New York permits a lawyer to make repayment of advanced expenses contingent on the outcome, and many injury firms agree to absorb the expenses if there is no recovery — but that is a term of the agreement, not an automatic rule.
This is one of the most important things to confirm before you sign. "No fee unless we win" refers to the attorney's fee; the treatment of expenses is a separate question. Ask directly: if there is no recovery, do I owe the advanced costs, or does the firm absorb them? Get the answer in writing. You can start a conversation through our personal injury intake form or read more on the personal injury practice area page.
What must the retainer disclose under New York's court rules?
A contingency retainer in a New York injury case must be in writing, signed by you, and it must spell out the fee and how it is calculated. Under Rule 1.5(c), the writing has to state the method of determining the fee, including the percentage, and whether expenses are deducted before or after the fee is figured.
New York adds court-administration requirements on top of that. In injury and wrongful-death cases, the Appellate Division rules (such as 22 NYCRR 691.20 in the Second Department) require the signed retainer, and they require the attorney to file a retainer statement with the Office of Court Administration and, when the case ends, a closing statement showing the recovery, the expenses, and the fee. These filings exist to keep contingency fees transparent and within the permitted limits.
Questions to consider
Does "no fee unless there is a recovery" mean the case costs me nothing?
It means no attorney fee unless there is a recovery. Case expenses are handled separately, so ask specifically what happens to advanced costs if the case does not succeed.
Can I be charged more than one-third?
In ordinary injury cases, court rules cap the fee and give the lawyer a choice of a sliding scale or one-third of the net recovery. Medical-malpractice fees are limited by the lower § 474-a scale. A written retainer must state the method used.
Is the fee taken before or after expenses?
New York's rules generally apply the percentage to the net recovery — after expenses are deducted. Your retainer must disclose how the fee is calculated, so confirm it in writing.
Get an honest evaluation of your claim
A good fee conversation is short and clear: the percentage, how expenses are handled, and what the retainer says. If you were injured anywhere in the five boroughs, a case review can explain the fee in plain terms and evaluate the claim itself — with no promises about outcome and no fee to talk.
- Call 718-521-4909
- Text a photo of any paperwork to 917-476-7666
- Email info@sharnovlaw.com
- Schedule a free consultation
Related reading: NY no-fault insurance explained and How long do I have to file an injury claim in New York?
This article is general information about personal-injury attorney fees in New York, not legal advice for your situation, and reading it does not create an attorney-client relationship. Fee limits and required disclosures come from the New York Rules of Professional Conduct, Judiciary Law § 474-a, and the Appellate Division court rules; the exact terms of any representation are governed by a written retainer. Speak with an attorney about your circumstances. This is attorney advertising. Prior results do not guarantee a similar outcome.
