We do not charge many of the legal fees and expenses listed here! These are legal fees and expenses other accident and injury lawyers may charge. Please see our legal fees
- 1 The Basic Legal Fee New York Accident Attorneys Typically Charge
- 2 What is a Personal Injury Lawyer?
- 3 Is There a Fee for a Consultation?
- 4 Legal Fees
- 5 Who Pays Expenses in a Personal Injury Case?
The Basic Legal Fee New York Accident Attorneys Typically Charge
New York accident attorneys typically charge 1/3 of the amount collected for you plus case expenses. No fee is charged if no money is collected. Consultations are free.
But the similarities stop there. Other accident lawyers may charge a lot more fees and expenses listed below for an accident case which we don’t charge.
What is a Personal Injury Lawyer?
A personal injury lawyer is an attorney who represents people injured in many different ways, such as motor vehicle accidents; premises accidents; construction accidents; medical malpractice; products liability; and mass tort cases such as drugs and other dangerous products.
Many attorneys limit their practice to one or more of these different types of cases.
Is There a Fee for a Consultation?
There should never be a fee for a consultation. If a personal injury lawyer wants to charge you a fee for a consultation, call another lawyer!
Any lawyer will provide a consultation by phone and most lawyers will provide a consultation in person in the office, in the hospital or at your home.
What Is a Contingency Fee?
In personal injury cases, a contingency fee is paid out of the money recovered for you and no fee is charged if no money is recovered for you. The legal fee is contingent on a successful outcome.
The Merriam Webster dictionary defines contingent (definition 4), as dependent on a condition and gives the example “payment is contingent on fulfillment of certain conditions”. This is why a personal injury legal fee is called a contingency fee.
How Much Is the Contingency Fee in New York Personal Injury & Accident Cases?
Usually, the legal fee is 1/3 of the amount the lawyer obtains for you for your injuries, lost income, medical expenses and other items.
New York accident lawyers are prohibited from charging more than a 1/3 contingency fee.
Can a Personal Injury & Accident Lawyer Charge Less Than a 1/3 Legal Fee?
While an attorney can charge less and I’m sure it has happened, I have never seen a New York accident lawyer charge less than 1/3 of the amount they collect.
You shouldn’t look to negotiate the percentage of your legal fee. If you find an accident lawyer willing to accept a lower fee, it’s likely that your case will get less attention, the lawyer will look for a quick settlement and you’ll end up with a lot less money.
Personal injury cases require a lot of time and effort often over a few years. You may think you have a “clear-cut” accident case that’s easy, but that’s almost never reality. Insurance companies fight hard on every case, even the ones that should be easy.
We have never lowered our legal fee but we don’t charge a lot of fees and expenses that other lawyers charge. Some of the legal fees and expenses other lawyers charge are listed below.
The Personal Injury Accident Retainer
An attorney providing a contingency fee for a personal injury case must do so in writing, called a retainer, which is signed by the client. A retainer statement must then be filed by the attorney with the Office of Court Administration stating:
- Date of the agreement;
- Percentage charged;
- Name and address of the client;
- Name and address of a referring attorney if any;
- Date and location of the accident; and
- Name, address, occupation and relationship of person referring the client, If any.
Other Legal Fees in Personal Injury Cases
The well-known 1/3 contingency fee is for the pain and suffering claim. What is not well known is that some attorneys charge additional fees for other claims which arise in an accident case.
Disability — Some attorneys charge a fee to collect lost wages paid by NYS No-Fault in a car accident.
No-Fault — Some attorneys charge a fee for processing a No-Fault application and handling the paperwork involved in a No-Fault claim. It is permissible to charge an hourly fee for this.
Collision Damage — Some accident attorneys charge one third of the money the get you for your collision damage. We have been criticized by other lawyers for not charging a legal fee for this.
Liens — Some attorneys charge one third of the amount the lawyer reduces a medical lien.
Wrongful Death — Some attorneys charge a legal fee for the paperwork related to the estate. When someone dies in an accident and does not have a will, an executor or executrix must be appointed. With or without a will, a substantial amount of paperwork must be submitted to the Surrogate’s Court.
Who Pays Expenses in a Personal Injury Case?
As of April 1, 2014, all Appellate Divisions of the New York State Supreme Court require attorneys to offer two options regarding case expenses. One option allows clients to pay the case expenses upfront in exchange for a slightly lower legal fee. With the other option, the attorney advances the case expenses and is paid back at the end of the case. Following is an example of the two options:
Option Number One Example (The Client Remains Liable for Repayment of All Costs and Expenses, Regardless of the Outcome of This Matter):
Total recovery $100,000.00
Less expenses and disbursements: -$10,000.00
Less 33 1/3 % of remaining $90,000 -$30,000.00
Client’s recovery $60,000.00
Option Number Two Example (The Law Firm Agrees to Pay and Remain Liable for All Costs and Expenses, Regardless of the Outcome of This Matter):
Total recovery: $100,000.00
Less 33 1/3 % of $100,000 -$33,333.33
Less expenses and disbursements: -$10,000.00 (expenses are paid back at end of case)
Client’s recovery $56,666.67
Types of Case Expenses
Miscellaneous Expenses — Many attorneys charge for copying, postage, messenger fees, overnight delivery fees, travel, computer storage, shredding, telephone and other similar charges.
Case Expenses — You can expect to pay any lawyer for all other case expenses. Some examples of case expenses include the cost of:
- Investigation, Which can include DMV and other computer searches, investigators, etc.
- Medical records
- Medical narrative reports — These reports usually range from $500-$1,500 for doctors
- Medical testimony at trial — Often ranges from $2,500-$15,000
- Expert reports — These reports often range from $2,500-$7,000
- Expert testimony at trial — Often ranges from $2,500-$15,000
- Court fees
- Process server fees
- Court monitoring fees
- Court reporter fees for depositions and transcripts
- Trial preparation fees; and
- other costs.
We do not charge many of the legal fees and expenses listed on this page. Please see our legal fees