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Contingency Fees

If you were hurt on a New York construction site, you almost certainly have a workers’ compensation claim. You may also have a much larger third-party claim that workers’ comp does not affect — and most workers don’t know it exists.

By Bob Amirian, Esq.

Founding & Managing Attorney · Amparo Law Firm

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Contingency fees at Amparo Law Firm.

You pay no attorney’s fee unless we recover for you. Here is exactly what the fee structure is, how case expenses are handled, and what the New York rules require.

01 — STANDARD CONTINGENCY

One-third of the recovery, under New York's standard contingency framework.

For personal injury, construction accident, and most negligence cases, our fee is one-third (33⅓%) of the recovery, calculated after deduction of case expenses. This is the standard contingency fee in New York personal injury cases, and it is set out in a written retainer agreement as 22 NYCRR Part 1215 requires.

If we do not recover for you, we are not paid an attorney’s fee. There is no hourly billing, no flat fee, and no contingent risk passed to you on the legal-services side.

02 — MEDICAL MALPRACTICE

Medical malpractice cases use New York's sliding scale.

New York Judiciary Law §474-a sets a sliding-scale contingency fee specifically for medical, dental, and podiatric malpractice cases:

  • 30% on the first $250,000 of recovery
  • 25% on the next $250,000
  • 20% on the next $500,000
  • 15% on the next $250,000
  • 10% on any amount above $1,250,000

The sliding scale is a consumer protection — it caps total fees on high-value malpractice recoveries.

03 — CASE EXPENSES

Out-of-pocket costs are advanced by the firm and recovered from the settlement.

Filing fees, expert witness fees, deposition transcripts, medical-record retrieval, accident reconstruction, photography, mileage, certified copies — these are case expenses, separate from attorney’s fees. We advance them as the case develops. They are recovered from the gross settlement or judgment before the attorney’s fee is calculated.

If we do not recover, you are not personally responsible for the expenses we advanced. That risk stays with the firm. This arrangement is permitted by NY RPC 1.8(e)(1) and is the standard plaintiff’s-firm practice.

04 — WRITTEN RETAINER

Every fee arrangement is in writing before you sign anything.

22 NYCRR Part 1215 requires that the fee arrangement be put in writing, either in a letter of engagement or in a signed retainer agreement, and that the writing explain the scope of representation, the basis of the fee, and how expenses are handled. We provide the retainer, walk through it line by line with you, and answer any question before you sign. There is no fee for the consultation, ever, regardless of whether you ultimately retain us.

At the close of the case, we provide a written closing statement under 22 NYCRR §691.20 that itemizes the recovery, the attorney’s fee, every advanced expense, and the net amount paid to you.

05 — FEE DISPUTES

If a fee question ever arises, New York has a binding dispute-resolution process.

22 NYCRR Part 137 establishes a fee dispute resolution program. If a client and lawyer disagree about a fee in a civil matter (excluding criminal and matrimonial), the client has the right to elect binding arbitration through the Joint Committee on Fee Disputes and Conciliation in the Appellate Division. We honor the process and provide notice of it in our retainer.

Questions we hear most.

One-third (33⅓%) of the recovery, after deduction of case expenses. This is the standard contingency fee in New York personal injury cases.

Medical malpractice uses a statutory sliding scale under Judiciary Law §474-a: 30% on the first $250K, 25% on the next $250K, 20% on the next $500K, 15% on the next $250K, and 10% on anything above $1.25M.

The firm. Expenses we advance are recoverable only from the recovery. If there is no recovery, you owe nothing — not attorney’s fees, not expenses.

No. The initial consultation is free regardless of whether you hire the firm.

Yes. New York requires a written closing statement under 22 NYCRR §691.20 itemizing the gross recovery, the attorney’s fee, every expense, and your net payment.

Free consultation. No fee unless we recover.

Same-day callback. English and Spanish. Available 24/7.

Hurt on a job site? Talk to us.

We will tell you whether you have a third-party case in addition to your workers’ comp claim. The conversation is free.

About the author

Bob Amirian, Esq.

Founding and Managing Attorney of Amparo Law Firm. Former Federal Circuit clerk. Venable LLP alumnus. Admitted in NY, CA, TX, and DC. Represents injured construction workers across the five boroughs in English and Spanish.

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