How Much Does a Personal Injury Lawyer Cost in NY? Understanding Contingency Fees

If you or a loved one has been hurt due to no fault of your own, the last thing you need to worry about is how you’ll afford a personal injury lawyer in Staten Island. At Chelli & Bush, Attorneys at Law, we believe that cost should never be barrier to justice for injured victims and their families. For more than 50 years, we’ve provided skilled, client-centered legal representation with no financial risk to clients in Staten Island, Brooklyn, and the greater New York City area.

Quick Facts

• Our Staten Island attorneys take cases on contingency, which means no upfront costs or attorneys’ fees unless we recover compensation for you.  
• Attorneys’ fees typically range between 33% and 40% of your settlement or award.
• Fees and other case costs are deducted from any settlement or award you receive.  
• If you’ve been seriously injured, hiring a lawyer gives you the best chance of achieving a positive outcome for your case.
• Our personal injury law firm in Staten Island has recovered more than $500 million for clients and handles hundreds of cases each year.

What Is a Contingency Fee?

A contingency fee means your lawyer only gets paid if your claim is successful. Instead of paying an hourly fee, your personal injury attorney takes an agreed-upon percentage of the settlement or verdict you receive. If the case doesn't result in a recovery, you don't owe attorney's fees.



Injured victims often face mounting medical bills and can’t return to work after an accident. A contingency arrangement helps you access experienced legal representation without added financial stress. 

How Contingency Agreements Align Client and Attorney Goals

Because your lawyer’s payment depends on the outcome of your case, you're both working toward a common goal: recovering the maximum compensation you deserve. This motivates your attorney to fight for you and handle your case efficiently, although helping injured victims isn’t just about money. Our team is dedicated to holding negligent parties accountable and helping families heal and protect their health and financial security. 

Typical Percentages in New York

Contingency fees are regulated by court rules in New York. They generally fall within these ranges:

• Pre-lawsuit settlement: around 33%
• After a lawsuit is filed, but settled through negotiation: typically 33%–36%
• The case goes to trial or appeal: Up to 40% or more, depending on the complexity and length of litigation

Our contingency fee agreement spells out exactly what percentage applies at each stage. Your personal injury attorney ensures you understand how our fees work and is happy to answer any questions you may have. 

Attorneys’ Fees vs. Case Costs

Understanding the difference between attorney's fees and case costs helps avoid financial surprises later. Attorney's fees are the percentage your lawyer earns from your recovery. Case costs are other out-of-pocket expenses incurred to build and pursue your personal injury case.

Examples of Common Case Costs

• Court costs and filing fees
• Medical record retrieval
• Deposition transcripts
• Expert witnesses, such as medical specialists
• Case investigators
• Accident reconstruction
• Postage, copying, and other administrative costs

Who Handles These Upfront Costs and When Are They Repaid?

Our law firm pays case costs on your behalf during the claims process. If we win, these costs are usually deducted from your settlement or award before you receive your net payout. If the case is unsuccessful, many firms absorb case costs instead of passing them on to the client. At Chelli & Bush, we’re transparent about how case costs are handled from the very beginning so you feel confident and informed every step of the way. 

Medical Bills and Liens

If you have any outstanding medical bills, they will likely be paid directly from your settlement or award. If your own health insurance, Medicare, Medicaid, or a hospital paid for treatment, they may place a lien against the proceeds from your claim. Before your settlement is disbursed, those liens typically must be resolved. Whenever possible, your attorney will negotiate your medical bills and liens, which can end up putting more money in your pocket. 

Examples of Payout Calculations

Here's a look at how the numbers might break down on two types of case outcomes. 

Scenario A — Negotiated pre-lawsuit settlement at 33%

• Gross settlement: $300,000
• Attorneys’ fees (33%): – $99,000
• Case costs– $5,000
• Medical liens/bills: – $40,000
• Estimated net to client:  around $156,000

Scenario B — Trial verdict at 40%:

• Gross settlement: $300,000
• Attorneys’ fees (33%): – $99,000
• Case costs– $5,000
• Medical liens/bills: – $40,000
• Estimated net to client:  around $156,000

Each case is different. Your attorney can walk you through a realistic projection based on your specific circumstances.

Your Retainer Agreement

Before you hire anyone, make sure to read your retainer agreement carefully. A fair and transparent agreement should include:

• Fee caps that state the maximum percentage of attorneys’ fees at each stage of your case.
• Disclosures explaining how case costs are handled, including whether you’ll owe them if your case is unsuccessful.

New York regulates contingency fees in personal injury cases. You have the right to a written fee agreement. In certain types of cases, attorneys’ fees are capped by the court's sliding scale. Your lawyer can explain how this works and whether it applies to your claim.

Do I Need a Personal Injury Lawyer for My Case?

Car accident claims involving minor fender-benders with no injuries and minimal property damage are often manageable without an attorney. However, if you’ve been hurt, it’s always a good idea to speak to an attorney. An insurance company’s priority is to protect their bottom line. An experienced lawyer can help you recover a significantly higher settlement or award, even after fees and costs are deducted.

This is especially important if you or a loved one has suffered a catastrophic injury. Our firm offers free, no obligation case evaluations, so you really have nothing to lose.

Choosing the Right Personal Injury Attorney for You

Not all personal injury lawyers are the same. Here's what to look for when making one of the most important decisions of your recovery:

• Record of success — A proven history of meaningful results in cases like yours.
• Transparency — Straightforward explanations of fees and costs, and realistic expectations about your potential recovery.
• Responsiveness and compassion — A legal team that returns your calls, answers your questions, and treats you like a person, not a case number
• Local experience — Our deep roots in Staten Island Brooklyn, and surrounding communities means our attorneys are familiar with courts, judges, and the local legal landscape in New York.
• Client testimonials — Read reviews and pay attention to how former clients say they were treated, not just how much they recovered. 

Why Choose Chelli & Bush?

When you're putting your life back together after an accident, you need a law firm that has the resources, strength, and strategy to take on powerful insurance companies and win. With Chelli & Bush you get:



• More than five decades of experience fighting for injured New Yorkers
• Over $500 million recovered for our clients
• Client-first communication and genuine compassion

Find a Personal Injury Lawyer Near You in Staten Island

At Chelli & Bush, Attorneys at Law, we listen to your story, explain your options, and let you decide if our services and fees are the right fit for you. To schedule a free consultation with a personal injury attorney near you in Staten Island, NY, contact us or call 718-987-8444. 

Frequently Asked Questions About Contingency Fees in NY

Can I negotiate the contingency fee percentage?

It can’t hurt to ask. Some circumstances allow for flexibility, but make sure to get it in writing before your attorney starts working on your case. 



Do I owe anything if my case is unsuccessful?

If we don’t recover compensation, you will not owe attorneys’ fees. Your contingency agreement will outline whether other case costs will be absorbed by the firm.

Are medical liens paid before attorney's fees?

Typically, attorney's fees are deducted from your settlement first, then medical liens and outstanding bills are resolved from the remaining balance before your net recovery is calculated.