Frequently asked questions
What is a contingency fee and how does it work in Long Island?
A contingency fee means your attorney only gets paid if you recover compensation. In New York, contingency fees in personal injury cases are typically 33–40% of the settlement or verdict amount, depending on the stage at which the case resolves. The fee agreement must be in writing under New York State Bar rules, so you will know exactly what percentage applies before you sign.
Are there any upfront costs when hiring a personal injury lawyer on Long Island?
Most Long Island personal injury attorneys advance case expenses such as filing fees, medical record retrieval, and expert witness costs, then deduct them from your settlement at the end. You should not need to pay anything out of pocket to get your case started. Always confirm this arrangement in your retainer agreement before proceeding.
Does New York law limit how much a personal injury lawyer can charge?
Yes. New York Judiciary Law §474-a caps contingency fees in medical malpractice cases on a sliding scale that starts at 30% for the initial portion of your recovery, then steps down — to 25%, then 20%, then 15%, and finally 10% — as the total recovery grows larger. In practice, this means the attorney's percentage shrinks the bigger your case is worth, protecting a larger share of high-value recoveries for the client. For general personal injury cases such as car accidents, slip and falls, and construction accidents, there is no statutory sliding-scale cap — court rules instead presume a fee of one-third or less to be fair and reasonable, and fees must be clearly disclosed in a written retainer under New York State Bar rules.
What happens if I lose my personal injury case on Long Island?
Under a true contingency fee arrangement you owe your attorney no legal fees if your case does not result in a recovery. Your retainer agreement may still require reimbursement of advanced litigation costs even in a loss, so read it carefully. New York’s three-year statute of limitations for most personal injury claims under CPLR Section 214 means acting quickly is critical to protecting your rights.
Which courthouse will handle my Long Island personal injury case?
It depends on the county where your injury happened. Nassau County cases are generally filed in Nassau County Supreme Court in Mineola; Suffolk County cases go to Suffolk County Supreme Court in Riverhead. Your contingency fee is identical no matter which courthouse hears the case, but the county you file in shapes the jury pool and how fast the case moves through the calendar.
What if I was hurt on property owned by a Long Island town or county?
Claims against a municipality — a town like Hempstead, Islip, or Brookhaven, or Nassau or Suffolk County itself — require a Notice of Claim within 90 days under General Municipal Law Section 50-e, and the town or county can require you to sit for a 50-h examination under oath before you sue. Your lawyer still works on contingency; these steps just have to come first, and you generally have one year and 90 days from the injury to file the actual lawsuit.
Are Long Island contingency fees any different from New York City rates?
No. The 33–40% contingency range and the written-retainer requirement are set statewide by New York court rules, so a Nassau or Suffolk attorney charges the same fee structure as a Manhattan or Bronx firm. What does vary locally is case cost — expert, filing, and record-retrieval expenses differ by venue — which is why those disbursements are itemized separately from the fee in your retainer.