How Much Does It Cost To Hire a NY Medical Malpractice or Accident Attorney?

All attorneys who handle cases involving accident or medical malpractice in New York handle them on "Contingency." What does this mean?

It means that the lawyer receives a fee only if he is successful in getting you compensation for your injuries. His fee is 'contingent' upon you getting money. If the lawyer is unsuccessful and you receive nothing, the lawyer also receives no fee.

FOR AN ACCIDENT CASE IN NEW YORK:

The attorney's fee is 1/3 of the amount you recover, after the attorney's expenses have been paid back to his law firm. What this means is that the lawyer pays all litigation expenses and really provides you with an interest-free loan during the time your case is in litigation. At the end of the case, if you are successful, the lawyer's gets repaid for his expenses.

FOR A MEDICAL MALPRACTICE CASE IN NEW YORK:

The attorney's fee is LESS THAN an accident case. This has been true since 1985. The fee is based on a sliding scale, which means that the more you recover, the more you get to keep.

$1-$250,000, the attorney's fee is only 30%.
$250,001-$500,000, the attorney's fee is only 25% for that segment.
As the amount increases, the attorney's fee decreases, until you reach $1.25 million. Anything above $1.25 million, the attorney's fee is only 10% for that segment.

Remember, at the end of the case, if you are successful, the lawyer's gets repaid for his expenses. From the remaining amount, his fee is calculated, and then you receive the remaining amount.

CONCLUSION:
The purpose of having a contingency fee is so that people who could not afford an attorney's hourly rate would be able to hire an experienced lawyer without having to worry whether they could pay.

You win your case; the attorney gets paid. You lose your case; your lawyer gets nothing. That's a significant incentive for your lawyer to work hard to get you the most compensation you are legally entitled to.