Reviewed by Laurence P. Banville, Esq.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 Section 474-a caps contingency fees in medical malpractice cases on a sliding scale starting at 30% on the first 50,000. For general personal injury cases such as car accidents, slip and falls, and construction accidents, there is no statutory cap, but fees must be reasonable and 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.