Articles Posted in personal injury contingency fee

Attorney and client walking up the steps of a courthouse

New York personal injury lawyers usually charge on a “contingency fee” basis.  The contingency fee allowed in a personal injury case varies from state to state, but generally it is either 1/3 (33 1/3%) or 40%.  In New York it’s at most 1/3.  It is often less where the lawyer is representing a minor and in medical malpractice cases.  For the purposes of this blog post, let’s assume it is 1/3.  But 1/3 of what exactly?  It depends.  Read on to find out!

But before I explain how it works, let me explain why it even exists.  The contingency fee exists because most people can’t afford the very high hourly-based fees lawyers would charge.  The hourly-based fees might reach over $100,000 in a complicated case.  The contingency fee allows regular folks who have a valid personal injury claim to seek justice.The contingency fee is a gamble for your lawyer.  If he does not win your case, he does not get paid. If he does win, or settles, he gets roughly a third of the money.

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