In an accident case also known as a negligence case, the attorney's expenses are repaid back to his law firm and then the lawyer's fee is calculated. In that type of case, the attorney's fee is one third of what he is able to recover for you as compensation.
In a medical malpractice case in New York, the attorney's fee is dramatically different. That works on what is known as a “sliding scale.”
That means that after the attorney's expenses are reimbursed to his law firm, the lawyer's fee is then calculated.
In a medical malpractice case in NY, the attorney's fee for obtaining anywhere from $1-$250,000 is only 30%. If we are able to recover more than that, then the lawyer's fee for the next segment of recovery from $250,000-$500,000 is 25%. If we are able to recover between $500,000-$1 million, the attorney's fee for that segment is only 20%. If we then recover anywhere from $1 million-$1.25 million then the attorney's fee for that segment is 15%. Anything over and above $1.25 million, the lawyer's fee for that particular segment is only 10%.
This sliding scale fee structure is the same whether you go to me or any other lawyer in the state of New York. This type of lawyer's fee for medical malpractice cases has been in existence since 1985.