How Much Does a Personal Injury Lawyer Charge in New York?

If you are hurt in an accident, you might be unsure about what your rights are or how to proceed. You might not have any experience with the legal system. If you’re out of work and dealing with medical bills, you may also be worried about how exactly you will be able to pay a lawyer.

Most New York personal injury law firms work on a contingency fee basis. Typically, you will pay one-third (⅓) of your recovery to your attorney if they get money for you through a settlement or verdict at trial. Our Long Island personal injury lawyers will fight to get you the compensation that you deserve, without charging a single penny in up-front fees.

At The Odierno Law Firm Accident and Injury Lawyers, we aggressively advocate for clients throughout Nassau and Suffolk Counties who have been hurt in all types of accidents. Whether you have been injured in a car accident, a slip and fall, a construction accident, or a boating accident, we will help you get maximum compensation for your losses. Contact our law offices today to schedule a free consultation with a member of our legal team.

What Is a Contingency Fee Agreement?

When you hire a lawyer, there are a few different ways that you can pay them for their services. There are several common types of fee arrangements:

1. Hourly fee: With an hourly fee, you pay your attorney a set fee for each hour of work that they do on your case. Typically, hourly fee agreements require the up-front payment of a retainer.
2. Flat fee: With a flat fee, a lawyer charges one rate for all of the work on a particular case. These arrangements are most common in cases where the work tends to be repetitive, such as an immigration petition. 
3. Contingency fee: With a contingency fee, an attorney’s fee is dependent on a certain result. In other words, they are only paid if they get a favorable outcome. The total fee is a percentage of your recovery.

In the personal injury world, contingency fee arrangements are the most common way to pay a lawyer. There are a few reasons why Long Island personal injury law firms most often use a contingency fee agreement.

First, there is the simple reality that many accident victims are under financial stress. They may be out of work for a period of time while they recover from their injuries. They may also have a lot of medical bills and other expenses from the accident. Many people who are hurt in an accident do not have the cash to pay a 5 or 6-figure retainer or to pay a fee that could be hundreds of dollars per hour. Contingency fee agreements make it possible for anyone to hire a lawyer, regardless of their present financial status.

Second, contingency fee agreements align the interests of the lawyer and the client. When you have a contingency fee arrangement, both you and your attorney want the same thing: to resolve the case as quickly as possible and for as much money as possible. It also means that your lawyer is unlikely to accept a lowball settlement offer because their total fee is based on your recovery. 

If you are hurt in an accident and need an attorney, then you will probably hire one on a contingency fee basis. As described below, the exact amount that you pay them will be based on your settlement or recovery at trial. If you have questions about how contingency fee agreements work, reach out to our law offices to talk to a Long Island contingency fee lawyer.

How Much Will I Pay My Long Island Personal Injury Attorney?

In a New York personal injury case, your attorney’s fee will almost always be ⅓ of your recovery. This money is taken from your settlement check or the money awarded to you after a trial. You will not pay anything up front.

There are two options for contingency fee agreements under New York law:

• Schedule A:
  • 50% of the first $1,000 of the amount recovered;
  • 40% of the next $2,000 of the amount recovered;
  • 35% on the next $22,000 of the amount recovered; and 
  • 25% on any amount over $25,000 of the amount recovered.

• Schedule B: 33⅓% of the sum recovered.

Most contingency fee arrangements use Schedule B or 33.33% of the sum recovered. This fee can be paid in one of two ways. 

First, the 33.33% is paid based on a person’s net recovery. In personal injury cases, the client pays for various expenses associated with the case, such as filing fees. These costs are tracked and then subtracted from the ultimate recovery. 

With the first option, these expenses are taken out of the personal injury settlement amount. The ⅓ contingency fee is then calculated based on the settlement amount minus expenses. For example, if you got a $100,000 settlement and there were $5,000 in case expenses, your contingency fee would be ⅓ of $95,000 or $31,663.5.

This option does carry some degree of risk because if the case is not successful, the client will still be on the hook for expenses. It usually results in cost savings, particularly in cases where the expenses are significant. The risk of having to pay out of pocket for expenses is fairly low because most personal injury cases are resolved through settlement. There is also the possibility that a Long Island personal injury attorney won’t want to send a bill for a case that they lost (although they still have the option to do so).

Second, the 33.33% is calculated based on the total recovery. Using the example above, the attorney’s fee would be 33.33% of $100,000 or $33,330. In this scenario, going with this option would mean paying $1,666.50 more in attorney’s fees.

In exchange, the client is not taking any risk when it comes to paying expenses. If you don’t win the case, you won’t have to pay an attorney’s fee or expenses.

It is always important to read any agreement carefully before signing it, including a contingency fee agreement. You want to be sure that you understand what you are signing. If you have any questions about any terms in the agreement, you should feel free to ask. If your Long Island personal injury lawyer seems upset by the questions, it might be a sign that you should look elsewhere for legal representation. 

Expenses in a Personal Injury Case

In addition to an attorney’s fee, you will be responsible for paying certain costs associated with filing a personal injury lawsuit. Typically, your lawyer will advance these expenses. They will pay for these costs out of their own pocket, and then you will ultimately reimburse them with the proceeds of your lawsuit.

While each case is unique, some common expenses in a New York personal injury case include:

• Court and filing fees, which are usually a few hundred dollars.
• Discovery costs, which may include hiring a court reporter, paying for a deposition transcript, and making copies.
• Expert witness fees if you require an expert to opine about the cause of your accident, the extent of your injuries, or another matter.
• Incidental costs such as copies, postage, and clerical work.

The total expenses will vary based on the complexity of the case and the amount of time that it takes to resolve. For example, if your case is relatively straightforward and you don’t need to take any depositions or retain an expert witness, then your expenses may be fairly low. These costs are generally necessary to get you the money that you deserve in a settlement or verdict at trial.

Hurt in an Accident? Give Our Law Firm a Call.

If you are injured in any type of accident, you might be worried about how you can pay for a lawyer. Fortunately, contingency fee arrangements mean that you don’t have to have thousands of dollars set aside to pay a lawyer. Your Long Island personal injury attorney won’t get paid unless they recover money for you.

Based in Melville, New York, The Odierno Law Firm Accident and Injury Lawyers advocate for accident victims in Nassau County and Suffolk County.  We offer free consultations and never charge a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Long Island contingency fee lawyer, call our law offices today at 631-973-6221 or fill out our online contact form.