Car Accident Lawyer Cost in NYC
One of the biggest concerns after an accident is the cost of legal representation. Here is what you need to know about how car accident attorney fees work in New York City.
How Contingency Fees Work
The vast majority of personal injury attorneys in New York City handle car accident cases on a contingency fee basis. This is important because it means you typically do not pay anything out of pocket to hire a lawyer.
Under a contingency fee arrangement, the attorney's fee is a percentage of the compensation you receive — either through a settlement or a court verdict. If you do not recover any money, you generally owe no attorney fees.
This structure exists because the legal system recognizes that accident victims should be able to access quality legal representation regardless of their financial circumstances. It also aligns the attorney's interests with yours: the more they recover for you, the more they earn.
Key Takeaways
- No upfront payment is typically required to hire a car accident attorney
- The attorney only gets paid if you recover compensation
- Fees are a percentage of your recovery, usually 33.3% to 40%
- The percentage may vary based on case complexity and stage of resolution
- All fee terms should be clearly documented in a written agreement
No Upfront Cost — What That Really Means
When attorneys say "no upfront cost," it means you do not need to pay a retainer or hourly rate to get started. Your initial consultation is typically free, and the attorney begins working on your case without requiring payment. This removes the financial barrier that might otherwise prevent injured people from seeking the legal help they need.
However, "no upfront cost" does not necessarily mean "no cost at all." If your case is successful, the attorney's percentage will come out of your settlement or verdict. There may also be case expenses (filing fees, expert witnesses, etc.) that are either deducted from your recovery or handled separately. Understanding these details upfront is essential.
How Attorney Fees Are Typically Structured
Pre-Litigation Settlement
If your case settles before a lawsuit is filed, the contingency fee is typically around 33.3% (one-third) of the total recovery. This is the most common scenario, as many car accident cases are resolved through negotiation.
Post-Litigation Settlement or Trial
If a lawsuit needs to be filed and the case goes through litigation, the fee may increase to around 40%. This reflects the additional work involved in discovery, depositions, court appearances, and potentially a trial.
Case Expenses
Separate from the attorney fee, case expenses may include court filing fees, medical record retrieval, accident reconstruction experts, process servers, and deposition transcripts. Ask your attorney how these are handled — some advance them and deduct from your recovery, others handle them differently.
Questions to Ask Before Hiring an Attorney
Before signing a retainer agreement, make sure you understand the financial arrangement. Here are important questions to ask:
- 1What is your contingency fee percentage, and does it change if the case goes to trial?
- 2How are case expenses handled — are they deducted from my settlement, or do I pay them separately?
- 3If my case is unsuccessful, will I owe anything for fees or expenses?
- 4Will you provide a written retainer agreement that clearly outlines all fees and costs?
- 5Are there any circumstances under which I might owe additional fees?
- 6How will you keep me informed about the status and costs of my case?
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