What a Personal Injury Lawyer Costs in New York
New York caps injury lawyer fees. The two structures allowed, why the sliding scale beats a flat third above $33,000, and what to ask before signing.
By Nico Steele · Published
Most people assume the fee is one third and stop asking. In New York the picture is more interesting than that, because court rules cap what an injury lawyer may charge, the cap comes in two shapes, and the cheaper one depends entirely on how big the recovery is. A twenty-minute conversation before you sign can be worth more than anything else you do while your case is pending.
The short version
- Almost every injury lawyer works on contingency, which means no hourly bill, no retainer check, and no fee at all if you recover nothing.
- The fee is capped by Appellate Division rules, not set by the market. A quoted 40% for an ordinary injury case is not standard practice in New York.
- Two structures are permitted: a sliding scale, or a flat rate of up to 33⅓%. The sliding scale is the default and the flat third is the opt-in.
- Medical malpractice runs on a separate, lower schedule set by statute.
- The fee is not the only deduction. Case costs and medical paybacks come out too.
- You are entitled to the fee terms in writing before the work starts, and to an itemized closing statement when the money arrives.
The two fee structures the rules allow
Every department uses the same pair. The citations differ by borough — 22 NYCRR 603.25 covers Manhattan and the Bronx, 691.20 covers Brooklyn, Queens and Staten Island, 806.27 and 1015.15 cover the rest of the state — but the schedules are identical.
| Schedule A, the sliding scale | Schedule B, the flat rate | |
|---|---|---|
| How the fee is figured | 50% of the first $1,000, 40% of the next $2,000, 35% of the next $22,000, 25% of everything above $25,000 | A single percentage, up to 33⅓%, on the whole recovery |
| When it applies | The default under the rules | Only if your retainer says so |
| Cheaper on small recoveries | No | Yes |
| Cheaper on large recoveries | Yes, substantially | No |
| Can the lawyer later ask a judge for more? | Yes, on a showing of extraordinary circumstances | No, that option is given up |
Why the sliding scale wins above $33,000
The scale front-loads the percentage and then drops to 25% forever. The flat third never drops. They cross at exactly $33,000, and after that the gap widens fast.
| Recovery | Fee on Schedule A | Fee at a flat third | You keep more with |
|---|---|---|---|
| $10,000 | $3,750 (37.5%) | $3,333 (33.3%) | Flat third, by $417 |
| $25,000 | $9,000 (36.0%) | $8,333 (33.3%) | Flat third, by $667 |
| $33,000 | $11,000 (33.3%) | $11,000 (33.3%) | Identical |
| $50,000 | $15,250 (30.5%) | $16,667 (33.3%) | Schedule A, by $1,417 |
| $100,000 | $27,750 (27.8%) | $33,333 (33.3%) | Schedule A, by $5,583 |
| $250,000 | $65,250 (26.1%) | $83,333 (33.3%) | Schedule A, by $18,083 |
| $500,000 | $127,750 (25.6%) | $166,667 (33.3%) | Schedule A, by $38,917 |
| $1,000,000 | $252,750 (25.3%) | $333,333 (33.3%) | Schedule A, by $80,583 |
Two honest caveats. Nearly every New York firm puts the flat third in its standard retainer, and no firm is obliged to offer you the scale. But the scale is the rule's baseline, the flat third is an election you make in writing, and asking which one you are being offered is a fair question that most clients never think to ask.
Before or after costs: the other number in your retainer
The rules require your retainer to say whether the percentage is figured on the whole recovery or on what is left after case costs come off. Same headline percentage, different check.
| On a $100,000 settlement with $5,000 of case costs | Fee taken after costs | Fee taken on the gross |
|---|---|---|
| Lawyer's fee | $31,667 | $33,333 |
| Case costs | $5,000 | $5,000 |
| You keep | $63,333 | $61,667 |
The gross method usually comes paired with the firm carrying the costs if the case is lost, so it is not automatically the worse deal. Ask which trade you are being offered rather than assuming.
Medical malpractice is its own schedule
Malpractice fees are set by Judiciary Law 474-a at 30% of the first $250,000, 25% of the next $250,000, 20% of the next $500,000, 15% of the next $250,000, and 10% of anything above $1,250,000. The fee is figured after expenses for experts and investigation, and medical liens are not deducted before the calculation.
| Malpractice recovery | Fee under the statute | What a flat third would have been |
|---|---|---|
| $250,000 | $75,000 (30.0%) | $83,333 |
| $500,000 | $137,500 (27.5%) | $166,667 |
| $1,000,000 | $237,500 (23.8%) | $333,333 |
| $2,000,000 | $350,000 (17.5%) | $666,667 |
Fees and costs are different things
- The fee is the lawyer's percentage. One line, one number.
- Case costs are what running the case actually consumes: court filing fees, medical records, deposition transcripts, process servers, investigators, and expert reports. They range from a few hundred dollars in a case that settles on paperwork to five figures when experts testify.
- Most firms advance costs and take them back out of the recovery. Whether you owe them if the case is lost is decided by your retainer and nothing else, so read that sentence before you sign it.
Not every claim uses the same rules
If your accident produced more than one kind of claim, the fee rules change from claim to claim.
| Type of claim | Who sets the fee | What it means for you |
|---|---|---|
| Injury claim or lawsuit | Appellate Division rules | Schedule A, or a flat rate up to 33⅓% if your retainer elects it |
| Medical malpractice | Judiciary Law 474-a | Sliding scale starting at 30%, figured after expenses |
| No-fault benefits after a crash | 11 NYCRR 65-4.6 | The insurer pays your lawyer, generally 20% of the overdue benefits capped at $1,360. Your medical bills and lost pay are not a pot your lawyer takes a third of |
| Workers' compensation | The Workers' Compensation Board, under WCL 24 | The Board approves the fee out of your award. A private fee deal is not just unenforceable, it is a misdemeanor |
What still comes out after the fee
Your check is the recovery minus the fee, minus case costs, minus whoever paid for your medical care. Medicare is repaid from the settlement but reduces its demand to reflect the fee and costs that produced it. Medicaid and hospitals can claim their share, both ranking behind your lawyer's lien. If you were hurt on the job and also sued someone else, the comp carrier is repaid too, minus a fair share of the fees and costs.
Ask these before you sign
- Is this Schedule A or the flat third, and why that one for my case?
- Is the percentage figured before or after case costs?
- If we lose, do I owe you anything for costs?
- Who pays for experts, and what happens if the case needs three of them?
- If another firm is brought in to help, does my total fee change? It should not, and the arrangement has to be disclosed to you in writing.
- Will you file the retainer statement with the Office of Court Administration, and will you send me the closing statement at the end?
Four things that should make you pause
- A flat 40% quoted for an ordinary injury case, which is above what the rules allow without a judge's approval.
- A retainer that does not say whether the fee comes before or after costs.
- Any reluctance to explain the cost side in plain numbers.
- Pressure to sign the same day, particularly at a hospital bedside.
What you are owed in writing
New York requires a written letter of engagement or signed retainer covering scope, fees and expenses in essentially any matter over $3,000, under 22 NYCRR Part 1215. When the settlement money arrives, the same rules that cap the fee require your lawyer to file a closing statement with the Office of Court Administration and send you a copy, itemizing the recovery, the fee, the costs and every medical payback. Read it against your retainer, and ask about any line you do not recognize.
A percentage point of fee is worth arguing about. How a firm handles costs and negotiates your medical bills is usually worth more, and it is the part nobody advertises. When you compare firms, compare those answers alongside the results they have actually published.
Use the recovery calculator to explore how fees and costs change a possible take-home amount, then compare firms by published outcomes alongside their fee explanations.
This article is general information about New York law, not legal advice for your situation.
Sources: 22 NYCRR 603.25 · 22 NYCRR 691.20 · 22 NYCRR 806.27 · 22 NYCRR 1015.15 · Judiciary Law 474-a · 22 NYCRR Part 1215 · 11 NYCRR 65-4.6 · Workers' Compensation Law 24 · Workers' Compensation Law 29 · NYC Bar, Contingency Fees