How Much Will I Have to Pay My New York Injury Lawyer? Generally, New York personal injury lawyers work on a contingency basis. This means that your personal injury lawyer does not earn a fee until the case has been resolved and there was a positive money recovery. This is the case whether you were involved in a car accident in Brooklyn or a trip and fall in the Bronx. In other words, in order for an injury lawyer to actually get paid, you will be walking away from the case with money via settlement or verdict. Here in New York the accident lawyer’s fee is almost always one-third (1/3) of the sum recovered or 33.33%. The most notable exception to the 1/3 fee is in a medical malpractice case where there is a sliding scale, which is not covered here. A recent change in New York personal injury law has created two separate options for how the 1/3 contingency fee is calculated, both of which we will go over, but the important thing to remember is that the personal injury attorney’s fee will be 1/3 (33.33%) regardless of which option you choose. This will always be consistent. Injured in New York? Reach Out to Anthony Ferrante 24/7 for a Free Case Review Free Case Review Injury Attorney Payment Option 1: Percentage of Net Recovery Under the first option, the case expenses are taken off of the top, meaning they are subtracted from the full personal injury settlement amount. The 1/3 contingency fee is taken from what remains. This option can also be described as 1/3 of the net recovery or 1/3 of the profit of the case. In this scenario, the client retains some risk because if the case is not successful the attorney will have the right to charge the client for the expenses, which are usually paid out of pocket by the attorney. So this means that if the case is lost, then the attorney has the right to send a bill for whatever money was spent to move the case forward. In reality, this “risk” is not a very significant one as (1) the vast majority of accepted cases are settled; and (2) most firms would never send a bill to a client after they’ve lost their case. That would really be kicking someone while they are down (but the attorney does the right to do so under this option). In return for taking this risk, the client will see small savings at the end of the case. The fee is calculated after the expenses are taken off of the top so the accident attorney shares in paying the expenses in this scenario. It amounts to a savings of 1/3 of the expenses, meaning that if the expenses were $1,500.00 on your case, you would get $500.00 more at the end under Option 1. Injury Lawyer Payment Option 2: Percentage of Total Recovery The second option changes the equation a little bit. The 1/3 fee is taken from the total recovery instead of the net recovery. This means that the injury attorney’s fee is 1/3 of the full settlement amount. And from the remainder, the client is responsible to repay the attorney for the case expenses. Under this option, there is no risk that the client will receive a bill for the case expenses if you lose. The trade-off is that the client will see a little bit less money if you win. Here, as the expenses are paid out of your portion of the settlement proceeds the attorney doesn’t share in the ultimate cost. So you are losing out on the 1/3 contribution towards expenses that you would get under Option 1. As described above, if the expenses on your case were $1,500.00, you would see $500.00 less under Option 2. How Are Expenses Covered in New York Personal Injury Cases? The expenses in a case are generally advanced by the personal injury lawyer handling the case. In order to move the case forward, money must be spent to investigate the incident, hire investigators and/or an engineer, gather medical records, file a lawsuit, serve the defendants, pay court filing fees, take depositions, create demonstrative evidence and prepare the case for trial. All of these expenses must be ultimately repaid at the conclusion of the case. It is essentially a zero-interest loan. The average expenses in a personal injury case vary depending on the type of case and how far it was pushed. Obviously, the expenses on a simple car accident case that was settled within 6 months will be much less than the expenses on a complex construction site accident case that has been fully litigated for 4 years. Examples of NY Personal Injury Lawyer Fees Client A was involved in a rear-end car accident. She suffered a herniated disc in her neck and a torn meniscus in her knee. The insurance company did not agree that her injuries were serious under New York law and offered no money. A lawsuit was started against the owner and driver of the vehicle, the defendants were served and the case was litigated through depositions. After pushing the case close to trial a reasonable settlement offer was made and accepted. The expenses in this case may range between approximately $1,000.00 – $1,500.00. Client B was caused to trip and fall over a raised sidewalk in Manhattan. She fractured or broke her wrist and required an open reduction internal fixation (ORIF) surgery. An engineer was hired to investigate the accident location and offer an opinion on the dangerous sidewalk. The case was litigated against the owner of the building, the management company, the ground floor tenant and a contractor who previously performed work in that area. A lawsuit was started, the defendants were served, depositions of all of these parties were held and then the case was settled at a mediation. The expenses in this case may range between $3,500.00 – $5,000.00. These are only examples and...Keep Reading
New York Personal Injury Lawyer
Brooklyn | Bronx | Queens | Manhattan
My name is Anthony Ferrante. I am a personal injury attorney who has committed my entire career to fighting for justice for people like you. Since 2007 I’ve helped hundreds of people pick up the pieces after an accident and move forward with their lives.
Given that you’re researching accident attorneys, I assume that you or a loved one has been injured.
A consultation with me to discuss the details of your case – on the phone, over text or email, or in-person – is absolutely free of charge.
I invite you to give me a call if you’ve been injured. You will get an honest opinion and a clear assessment of your potential injury case. Every matter is taken on a contingency fee basis, which means that if we can help you there will be no fee unless we obtain a verdict or settlement in your case.
Real Client Testimonials
I am lucky to have represented a lot of great people over the past decade that I’ve been in practice, and I’m proud of the results I have been able to achieve for these folks. Their kind words mean the world to me.
There was never a time that he did not answer our calls and questions promptly and thoroughly.- Tula, a Car Accident Client
Made me no promises. But assured me he would do his best and that's what he did. I won my case against all odds.- Wade, a Car Accident Client
He makes sure he is available to you and takes time to explain and answers your concerns.- Joseph, a Construction Site Injury Client
My Most Common Case Types:
I focus my practice on helping people who were injured in the following types of incidents:
Featured Case Results
At the end of the day, what matters most is that you hire a personal injury attorney who is capable of getting you a financial result that is full and fair. I invite you to check out examples of a handful of the victories I’ve secured for my clients over the years.
New York Personal Injury Articles & FAQ
The term “No-fault” can cause confusion. New York operates under a no-fault insurance system. Let’s look at what that means, and importantly, what it doesn’t mean. New York is a No-Fault Insurance State. What Does that Mean? New York is a No-Fault state. This means that we have a system of rules in place to make sure that people injured in car accidents have medical, lost wage, and out-of-pocket insurance coverage. The important thing to know is that it does NOT mean that nobody can be held at fault for a car crash, nor does it mean that you get money for injuries even if you caused the accident. No fault is simply medical insurance coverage for persons injured in a car crash. No-fault coverage is almost counter-intuitive. The reason is that if you are in an accident and it’s not your fault, then it doesn’t make sense that your own insurance company is going to be paying for your medical bills. But that is the rule. The purpose is to make sure that people who are injured and need treatment can get the treatment. Doctors who did not know how they were going to be paid would refuse to offer treat. No fault was designed to provide certainty to those who are injured and the doctors who treat them. Still confused? Feel free to contact me about your accident. I’d be happy to answer your questions, even if you don’t have a personal injury claim. So who pays no-fault after an accident? If you were driving a car or a passenger in a car, that car’s auto insurance is the no-fault carrier; If you were a pedestrian struck by a car, the auto insurance for the car who struck you is the no-fault carrier; If you were riding a bicycle and were struck by a car, the auto insurance for the car who struck you is the no-fault carrier; If you were a passenger on a bus, then your own household car insurance is the no-fault carrier. If neither you nor any household family members own a car, then the bus is responsible to provide no-fault coverage; Questions About a New York Insurnace Claim? Reach Out to Anthony Ferrante 24/7 for a Free Case Review Free Case Review Our no-fault system is intricate and has highly specialized rules. The most important rules to be aware of involve filing and submission deadlines, as they are hard deadlines and almost always unforgiving. A no-fault application must be filed with the appropriate no-fault provider within 30 days of an accident. All medical bills must be submitted to the no-fault carrier within 45 days of the treatment. Other expenses, such as out-of-pocket costs for transportation and prescriptions, lost wages, or household help must be submitted within 90 days of being incurred. This is only the tip of the proverbial iceberg when it comes to no-fault, but provides an outline of what no-fault is here in New York.Keep Reading
If you were in an auto accident in New York City, you should obtain a copy of your NYPD accident report as soon as possible. Your accident report from the NYPD recounts the events leading to your accident, the aftermath of the crash, and usually identifies the responsible party. Accident reports serve as strong evidence in your claim, especially if you decide to file a lawsuit. If the NYPD responds to your accident, there are three ways you can get your NYPD accident report: in-person, by mail, or online. However, the fastest way to get the police accident report following a car accident in New York City is to go to the precinct that took the report and pick up a copy. It can take up to a week to be available, but it is the easiest and most fool-proof way to get a copy. How Can I Get My NYPD Accident Online? Police reports are sometimes available online through the Collision Report Retrieval Portal, but not always. It takes approximately two weeks for them to be uploaded and available. Were You Involved in a Car Accident in NYC? Reach Out to Anthony Ferrante 24/7 for a Free Case Review Free Case Review How Can I Get My NYPD Accident Report In Person? If you want to pick up your NYPD accident report in person, you must fill out two copies of a Police Collision Report and drop them off at the precinct where your crash occurred. Keep in mind, NYPD precincts only hold on to accident reports for 30 days after the officer files them. Afterward, they send the report to the New York State Commissioner of Motor Vehicles. How Can I Get My NYPD Accident By Mail? To obtain your NYPD accident report by mail, you must send two copies of the Police Collision Report to the precinct where your accident took place. Visit the NYPD’s website to find a list of all NYPD precincts and their addresses. If you can’t get your accident report within 30 days, fill out form MV-198C and send it to the New York Department of Motor Vehicles. Reports from the DMV cost $25 for one copy. Speak With an Experienced New York Personal Injury Attorney Today If you suffer from injuries in a car accident in New York, give attorney Anthony A. Ferrante a call today. Anthony A. Ferrante, Esq. founding partner of Ferrante & Koenig, PLLC, serves clients all over New York City from offices in Brooklyn and Long Island. He dedicates his career to seeking justice for those injured due to the negligence of another and has recovered millions of dollars for his clients. If you have any questions about requesting your NYPD accident report or need a lawyer who can help you establish a stronger claim, give Attorney Anthony A. Ferrante a call at 646-450-4110.Keep Reading