The Quick Answer: Most personal injury lawyers charge nothing up front. You pay only if your lawyer wins money for you. This arrangement is called a contingency fee, and it is the standard way personal injury cases are handled in New York.
| Your Question | The Answer |
| Do I pay anything up front? | No. |
| When does the lawyer get paid? | Only if you win. |
| How much does the lawyer take? | Typically one-third of your settlement. See below for how the case type effects fee. |
| What if I lose? | You owe nothing in attorney fees. |
| Is the first consultation free? | At most personal injury firms, yes. |
What Is a Contingency Fee?
A contingency fee means your lawyer only gets paid if your case is successful. Their payment is a percentage of whatever money they recover for you.
If your lawyer obtains a settlement or verdict on your behalf, they take their agreed-upon percentage. If they do not recover anything, you owe nothing.
This is what makes personal injury law accessible to almost anyone. You do not need savings, a credit line, or money in the bank to hire a qualified attorney. You just need a valid case.
Here is how the process works:
- You hire a personal injury lawyer at no upfront cost.
- Your lawyer handles everything: gathering evidence, dealing with insurance companies, and building your case.
- If your case results in a settlement or verdict in your favor, your lawyer receives their percentage.
- You receive what remains after attorney fees and case costs are deducted.
- If nothing is recovered, you owe nothing in attorney fees.
What Percentage Do Personal Injury Lawyers Charge?
In New York, personal injury lawyers typically charge one-third of the total amount recovered. This is the standard fee for most accident and injury cases and is rooted in New York Judiciary Law Section 474.
Medical malpractice cases follow a different sliding-scale fee structure under New York law, in which the percentage decreases as the recovery amount increases.
| Case Type | Typical Attorney Fee |
| Car accident | One-third of recovery |
| Slip and fall | One-third of recovery |
| Construction accident | One-third of recovery |
| Pedestrian accident | One-third of recovery |
| Wrongful death | One-third of recovery |
| Medical malpractice | Sliding scale (lower % at higher amounts) |
Attorney Fees and Case Costs: Two Different Things
This is one of the most misunderstood parts of working with a personal injury lawyer. Attorney fees and case costs are not the same thing, and both are paid from your settlement.
Attorney fees are the percentage your lawyer earns for representing you.
Case costs are the actual expenses required to build and pursue your case.
Case costs are separate from the attorney’s fee and include things like:
- Court filing fees
- Costs to obtain police reports and medical records
- Expert witness fees
- Deposition transcript costs
- Investigator fees
At most personal injury firms, the lawyer advances these costs on your behalf throughout the case. When the case settles, those costs are reimbursed from the settlement proceeds.
Always ask before you hire: Does the firm advance case costs, and what happens to those costs if the case is not successful?
How a Settlement Actually Breaks Down
Here is a straightforward example to show you how the numbers work:
| Item | Amount |
| Total settlement | $150,000 |
| Attorney fee (one-third) | $50,000 |
| Case costs (estimated) | $5,000 |
| Your estimated recovery | $95,000 |
Note: Your final amount may also be reduced by any medical liens from health insurance, Medicare, or Medicaid if those programs paid for your treatment. An experienced attorney can often negotiate those liens down, which puts more money back in your pocket.
Does Hiring a Lawyer Actually Pay Off?
This is a fair question. Giving up one-third of a settlement is significant. But the data is clear: injury victims who hire an attorney almost always end up with more money, even after paying legal fees.
According to the Insurance Research Council, personal injury victims who hired an attorney received settlements approximately 3.5 times higher than those who handled claims on their own. Insurance companies have experienced adjusters and legal teams on their side. Their goal is to settle for as little as possible. A personal injury lawyer knows how to push back.
I was retained by an individual who had been informed of the policy limits by the insurance company. These limits were technically accurate. What the adjuster forgot to tell him was that there was a massive excess policy he could possibly obtain. It was only after my office was retained that this additional policy was disclosed.
Questions to Ask Before You Hire a Personal Injury Lawyer
Before signing any agreement, get clear answers to these questions:
- What is your contingency fee percentage?
- How do you handle case costs, and will I owe anything if we do not win?
- Will you personally handle my case, or will it be passed to another attorney?
- Is the initial consultation free?
- Do you have experience with cases like mine?
- Can I have your cell number?
- How long does it usually take you to call me back ?
Getting these answers up front protects you and helps you choose the right attorney for your situation.
Speak With Eric Richman, Esq.
Eric Richman has been fighting for injury victims in New York City and the surrounding areas for more than 25 years. His firm works on a contingency fee basis, usually charging one-third of whatever is recovered on your behalf. Unless his firm wins your case, you owe nothing in attorney fees.
Eric offers free consultations, and once you become a client, you will have direct access to Eric or one of the experienced attorneys on his team at any hour of the day. No waiting. No being treated like just another case.
Call (212) 688-3965 or toll-free at (800) 801-9655 to discuss your case, or request a free consultation online.
Disclaimer: This article is for general informational purposes only and is not intended as legal advice. It should not be relied upon as a substitute for consultation with a licensed attorney. Laws, fee structures, and regulations vary by state and change frequently. The information on this page may not reflect the most current legal developments. Always speak directly with a qualified attorney about your specific situation before making any legal decisions.