Contingency Fees: Giving Access To The Injured
If you have been physically and/or emotionally injured by someone else’s negligence or medical malpractice, you may be concerned that you cannot afford a good lawyer to help you receive the compensation you deserve. Luckily, that is not the case in New York State.
Personal injury attorneys in New York State do not bill for their services. They charge a contingency fee, which means that the client does not pay for any legal fees unless there is a recovery, either by settlement or a monetary award at trial.
The contingency fee in a typical personal injury case is generally one third of the net recovery. In the case of a medical malpractice case, the contingency fee is based upon a sliding scale generally beginning at thirty percent and decreasing based upon the amount of the recovery. This is true no matter how many hours the attorney devotes to your case.
If you already have an attorney that you are not happy with, you may switch to another attorney without incurring any additional legal fees. The contingency fee is shared with the prior attorney, so your net recovery will remain the same.
The contingency system offers many benefits. It allows those who are seriously hurt, but could not otherwise afford legal counsel, to have access to highly-qualified attorneys, thereby leveling the playing field. Since the cases are taken on a contingency fee basis, it also means that it is highly unlikely that an attorney will take your case unless there is a high probability that there will be a recovery in the case. Remember, if you don’t recover, neither does your attorney!
Be aware that all cases have certain time limitations within which a lawsuit must be started. It is of utmost importance that you contact an attorney as soon as possible so that your rights are not compromised and you are not precluded from bringing a lawsuit. Don’t hesitate to call a lawyer if you are injured, even if you are unsure if you have a case. Let a lawyer help you decide. E-mail us or call (212) 742-2700 for a free consultation.
Note: Prior results do not guarantee similar results.