Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What is a contingency fee and how does it work in NY?
A contingency fee means your attorney only gets paid if you recover money. In New York, contingency fees in personal injury cases are regulated and typically range from 33% to 40% of the recovery, depending on when the case resolves. The fee agreement must be in writing under NY rules.
Do I owe anything if my personal injury case is lost?
If your case is unsuccessful, you owe no attorney fees under a contingency arrangement. However, your retainer agreement may require you to reimburse certain out-of-pocket costs — such as court filing fees, medical record requests, or expert witness fees — so read your contract carefully before signing.
Are there additional costs beyond the attorney fee in a Bronx personal injury case?
Yes. Beyond the contingency fee, cases often involve disbursements — court fees, deposition costs, investigator fees, and medical expert charges. Most Bronx personal injury firms front these costs and deduct them from your settlement, but the specifics vary by firm and should be outlined in your retainer agreement.
Is there a deadline to file a personal injury claim in New York?
Yes. Under CPLR §214, most personal injury claims in New York must be filed within three years of the date of injury. Claims against a city or government entity have a much shorter window — a Notice of Claim must be filed within 90 days. Missing these deadlines can permanently bar your right to recover.
Which court handles Bronx personal injury lawsuits?
Most are filed in Bronx County Supreme Court at 851 Grand Concourse. The Bronx has a long-standing reputation for plaintiff-sympathetic juries, but that reputation has no effect on what you pay — your contingency percentage is fixed by your written retainer, not by the courthouse or the jury.
How does the fee work if I'm suing the City of New York or a Bronx city hospital?
If your claim is against the City — the NYPD, the Department of Transportation, or a NYC Health + Hospitals facility such as Jacobi or Lincoln in the Bronx — you must serve a Notice of Claim on the New York City Comptroller within 90 days and will usually be required to testify at a 50-h hearing before you can sue. Your attorney handles all of this on the same contingency basis, and you still pay nothing out of pocket to start.
I was hurt on the subway or a city bus in the Bronx — does that change my costs or deadlines?
The legal fee stays the same, but the deadlines tighten sharply. Claims against New York City Transit or the MTA require a Notice of Claim within 90 days and a lawsuit within one year and 90 days, and you'll typically face a 50-h hearing first. Because Bronx bus and subway claims are common and that notice window is short, getting a lawyer involved fast matters even more than in an ordinary private-party crash.