Personal Injury Attorney Fees: How Much lawyers Charge NY

Most lawyers work on a contingency fee arrangement instead of hourly rates. This means they only get paid if you win your case. 

The standard fee is typically 33.33 percent (or one-third) of the settlement or verdict. Recent changes in New York personal injury law have made this the new norm for most personal injury cases. However, there are some exceptions to this rule, such as in medical malpractice cases, where different fee structures apply.

Here at Ajlouny Injury Law, we only work on a no win, no fee basis. Find out how a New York City personal injury lawyer from our law firm can assist you.

FIND OUT MORE

How much do lawyers take from a settlement: The options

Let's look at two common ways a lawyer may calculate their fees.

Option 1: Net of Compensation Awarded

With this option, your lawyer's fee is taken from what's left after all the legal costs are paid. Legal costs might include things like court filing fees, getting your medical records, or paying expert witnesses.

So, if your award is $100,000 and there are $10,000 in legal expenses, personal injury lawyers work their fee out based on the $90,000 that's left. This way, you're getting the most out of your settlement after paying for the necessary expenses.

Assuming a percentage of 33.33%, their fee would be $30,000 (rounded). You would then receive $60,000.

Option 2: Percentage of Full Settlement Amount

The other way is when lawyers take a fee based on the total settlement amount before any expenses are deducted. So, if your settlement is $100,000 and the lawyer’s fee is 33.33%, they’d get $33,330, no matter what the legal costs were. Assuming legal expenses of $10,000 again, you would receive $56,670.

This method is pretty straightforward, as it’s clear from the start how much they’ll charge you from your settlement.

Additional reading: no win no fee lawyers

New York law on the attorney fee percentage

In New York, there are rules to ensure lawyers charge fair fees in personal injury cases. So, what percentage do lawyers typically take in a New York personal injury accident? It is usually capped at 33.33% to prevent overcharging.

For medical malpractice cases, the rules are a bit different. Fees follow a sliding scale where the lawyer's percentage decreases as your award increases. It starts at 30% for the first $250,000 and drops to 10% for amounts over $1.25 million. This system helps keep costs reasonable while ensuring lawyers are compensated fairly.

To make everything clear, New York law requires an agreement with the lawyer and the client. This document outlines how fees and expenses will be handled, helping you understand what to expect. If any disputes about fees arise, New York offers a resolution program to help resolve them fairly.

Expenses & accident attorney fees

When you're hiring a New York personal injury lawyer from our firm, we only get paid if you win your case. But there are other costs that come with building your case, and understanding these can help you avoid surprises.

Handling Expenses

In personal injury cases, expenses can add up fast. Here are some common costs you might see:

• Court filing fees: What it costs to submit legal documents to the court.
• Medical records: Fees to get your medical records and reports.
• Expert witness fees: Paying specialists who provide testimony.
• Investigations: Costs for gathering evidence and doing interviews.
• Depositions: Expenses for taking sworn statements from witnesses.

Even though our attorney's fee depends on winning, these expenses usually need to be paid no matter what happens with your case.

Many personal injury attorneys in New York will cover these costs for you upfront. You pay them back from your settlement or court award later.

This setup can be helpful because it means you don't have to pay out of pocket right away.

Contact us today to discuss how our fee agreement would operate in your situation - we offer a free initial consultation for all cases.

Working examples of the personal injury lawyer fee percentage

Getting a feel for how much a personal injury lawyer costs can be easier with some real-world examples. Let’s look at two hypothetical scenarios to see how the legal fee structure plays out in different cases.

Example 1: Car Accident

Imagine you were involved in a car accident and, after negotiating with the insurance company, you receive a settlement of $100,000 for your New York car accident claim.

Expenses:

Court filing fees: $2,000
Medical records: $500
Expert witness fees: $1,000
Investigations: $1,500
Depositions: $1,000
Total Expenses: $6,000

Net Recovery After Expenses:
$100,000 (settlement) - $6,000 (expenses) = $94,000

Lawyer’s Fee Calculation:
In New York, the lawyer’s fee is typically 33.33% of the net recovery. So, the lawyer’s fee would be:
$94,000 × 33.33% = $31,333.33

Amount You Take Home:
$94,000 - $31,333.33 = $62,666.67

Example 2: Ceiling Collapse

Suppose you were injured due to a ceiling collapse in your apartment, and you win a court award of $150,000 for your NYC ceiling collapse case.

Expenses:

Court filing fees: $3,000
Medical records: $750
Expert witness fees: $2,000
Investigations: $2,500
Depositions: $1,500
Total Expenses: $9,750

Net Recovery After Expenses:
$150,000 (award) - $9,750 (expenses) = $140,250

Lawyer’s Fee Calculation:
The lawyer’s fee, at 33.33% of the net recovery, would be:
$140,250 × 33.33% = $46,750

Amount You Take Home:
$140,250 - $46,750 = $93,500

In both examples, the lawyer's fee is calculated as a percentage of the net recovery after deducting expenses. In addition, the legal fees are advanced by the personal injury attorney.

This contingency fee percentage approach ensures that the lawyer’s payment reflects the actual amount you receive.

Do lawyers get a percentage of the settlement if they lose the case?

When our lawyers work on a contingency fee basis, we usually don't get paid if you lose the case because there's no settlement or award to take a percentage from. This means you won't owe us a fee if the case doesn't go your way.

However, you might still need to pay for certain expenses, like court fees or medical records, even if you lose. These costs are often covered by us upfront but are your responsibility to repay no matter the outcome.

We would confirm this situation and ALL costs associated with the case before you sign the agreement.

Factors that affect the average injury lawyer fees

These factors can vary widely and often affect the overall cost of legal representation. Let’s dive into the key elements that can impact the cost of hiring personal injury lawyers in New York.

Type of Personal Injury Case

Cases involving severe injuries or extensive litigation may incur higher fees compared to simpler cases. For example, a medical malpractice case often requires more extensive research and expert testimony, which can drive up costs.

Additionally, the amount of compensation being sought can also impact lawyer fees. In cases where large sums of money are at stake, lawyers may charge higher fees to ensure they are adequately compensated for their time and effort.

Ultimately, the most important factor in determining lawyer fees should be the quality of representation and the likelihood of success in your case. It may be worth paying higher fees for a more experienced lawyer who has a track record of winning similar cases.

At the end of the day, the goal is to secure the best possible outcome for your injury case. 

Case Complexity and Duration

Cases that involve multiple parties, intricate legal issues, or a prolonged legal process typically require more time and resources from your lawyer. This added effort can lead to higher fees.

A straightforward case with a quick resolution generally costs less. It's important to communicate openly with your lawyer about your budget and financial concerns from the beginning.

While cost is an important factor to consider when choosing a lawyer, it shouldn't be the only consideration. By finding the right balance between cost and quality, you can ensure that you receive the best possible representation for your case. 

Lawyer’s Experience

Lawyers with extensive experience and a strong track record in handling similar cases might charge higher fees due to their expertise and proven results. While it might cost more to hire a highly experienced lawyer, their knowledge and skills can significantly benefit your case.

They will be well-equipped to handle complex legal procedures, anticipate potential challenges, and provide strategic advice tailored to your specific situation.

Additionally, an experienced lawyer is more likely to have established relationships with key figures in the legal community, such as judges and opposing counsels, which can be beneficial in negotiating favorable settlements or presenting a strong case at trial.

In some situations, a less experienced but competent lawyer may still be able to effectively represent you at a lower cost. It is important to thoroughly research and interview potential lawyers to find the best fit for your needs and budget. 

Geographic Location and Demand

Where your case is handled can influence the fees you pay. Lawyers in larger cities or regions with a higher cost of living may charge more compared to those in smaller towns or areas with lower living costs.

Attorneys who are in high demand or those who have a reputation for handling high-profile cases may charge a premium for their services. Conversely, lawyers who are new to the field or who are trying to establish their practice might offer more competitive rates to attract clients.

How Ajlouny Injury Law can maximize your compensation

Ajlouny Injury Law can maximize your compensation depending on the type of case you have. Whether it's construction accidents or any other instances of personal harm due to someone else’s negligence, this firm knows how to prepare the case effectively.

Since a lawyer from our firm will collect all necessary evidence and operate in compliance with the statute of limitations, we ensure the client’s recovery. We do not charge an hourly fee; instead, we work on a contingency fee basis. This means we charge a percentage of the total settlement only at the end of the case.

This approach aims to have all expenses covered and repaid at the conclusion of the case, ensuring that accident victims are not financially burdened. From the conclusion of the case, you can expect a percentage of the settlement dedicated to the lawyer’s efforts.

Let our accident lawyers at Ajlouny Injury Law fight for your rights and get you the justice you deserve. Contact us today for a free consultation!

Final points on the cost to hire a New York personal injury lawyer

When considering hiring a NY personal injury lawyer, it's vital to understand the cost involved. We charge a contingency fee, which means our lawyer collects their fee only if they secure a favorable settlement or judgment.

Usually, the personal injury lawyer’s fee is a percentage of the total recovery. Since the lawyer will not charge the client upfront, they handle the case at no cost to the client until they win compensation.

For cases in New York’s regions like the Bronx, it’s highly recommended to utilize the free case evaluation we offer. If you decide to proceed, the New York personal injury lawyer’s fees will be deducted from the settlement, ensuring clients receive compensation for their injuries and losses without initial out-of-pocket expenses.