A: That is the standard fee for a medical malpractice case in New York. Unlike an accident or negligence case where the attorney's fee is 1/3 of whatever is recovered (after the litigation expenses are reimbursed to your lawyer), in a malpractice lawsuit the attorney's fee in NY is based on a sliding scale.
This fee arrangement has been in existence since 1985 and applies to every lawyer in New York. Basically, it means that the more we recover for you, the more you get to keep.
For example, if we recover anywhere from $1 dollar to $250,000, the lawyer's expenses are repaid to the lawyer first. Of the remaining amount, the attorney's fee for that segment is only 30%.
If we recover anywhere from $250,000-$500,000, the attorney's fee for that segment drops to 25%. As we go up in increments, the lawyer's fee drops by 5%. If we recover $1.25 million or above, the lawyer's fee for that segment drops to only 10%.
A contingency fee means that if you lose your case, your lawyer gets nothing. Not even his expenses back. His fee is dependent upon winning a settlement or jury award for you. This type of fee arrangement allows you to hire an experienced trial attorney without ever having to pay an hourly fee.