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.