How "No Win, No Fee" Works for a New York Personal Injury Case

Reviewed by Alexander Karasik, Esq., Personal Injury Law | Last Updated: September 2026

In New York, "no win, no fee" means your personal injury lawyer is paid through a contingency fee, a share of the money you recover, and collects no attorney fee at all if you lose. For an ordinary injury case such as a car crash or a slip and fall, the standard fee is one-third (33 1/3%) of the recovery. Medical malpractice cases follow a lower sliding scale fixed by state law. If the case does not win, you owe no fee.

That is the short answer. The rest of this page shows the exact percentages, how the fee is calculated, who pays for court costs and expert witnesses, and what actually happens to those costs if a case is lost.

A contingency fee ties the lawyer's payment to the outcome. Instead of billing by the hour or asking for money up front, the attorney takes an agreed percentage of the compensation recovered through a settlement or a verdict. No recovery means no attorney fee.

Karasik Law Group states the arrangement plainly in its client FAQ: "In New York and New Jersey, personal injury attorneys do not charge fees for legal work to clients but work on contingency wherein they take a percentage from the recovery." The firm handles car accident, truck accident, construction accident, medical malpractice, and wrongful death claims across all five NYC boroughs and New Jersey on this basis.

The structure exists so that an injured person who cannot pay a retainer can still hire a lawyer and go up against an insurance company.

For most personal injury cases in New York, ordinary negligence claims like auto accidents, pedestrian knockdowns, and premises injuries, the accepted contingency fee is one-third of the recovery.

New York's Appellate Division rules set the ceiling. In the Second Department, which covers Brooklyn, Queens, and Staten Island, court rule 22 NYCRR 691.20 gives a lawyer two options: a graduated schedule that starts higher on the first dollars recovered, or a flat one-third of the net amount recovered. In practice, firms almost always elect the flat one-third, and a fee at or below one-third is presumed fair and reasonable. A fee above one-third has to be approved by a judge.

So when you see "no win, no fee" advertised for a New York car accident, the working number to expect is 33 1/3%.

Medical, dental, and podiatric malpractice cases are the exception. New York Judiciary Law § 474-a caps the fee on a declining sliding scale, so the lawyer's percentage drops as the recovery grows:

These percentages are figured on the net sum recovered, after case expenses and disbursements are deducted. The same firm that charges one-third on a car accident is limited to this schedule on a malpractice claim.

Numbers make the fee concrete. The example below is illustrative, not a specific case result, and it uses the common method of charging one-third of the net recovery after case costs.

Two points matter here. First, the fee is calculated after case costs come off the top, which lowers the base the percentage is applied to. Second, medical liens (amounts owed to health insurers or providers who covered your treatment) can be negotiated down and paid out of your share, so the final take-home varies case by case. A good firm works to reduce those liens so more of the recovery stays with you.

The contingency fee pays for the lawyer's work. It does not cover the out-of-pocket costs of building the case: court filing fees, medical records, accident reconstruction, deposition transcripts, and expert witnesses such as physicians who review a malpractice claim. Those are called disbursements, and they are billed separately from the fee.

The question that decides whether "no win, no fee" is real for you is who pays those costs while the case is pending. At Karasik Law Group, the firm fronts them. In its client FAQ the firm states: "We advance all costs of litigation and work on contingency fees in personal injury, construction accident, wrongful death and medical malpractice actions. This means, clients don't pay anything unless and until there is recovery."

That is the difference between a client writing checks for expert fees during a two-year case and a client paying nothing until money comes in.

This is the part injured people most want confirmed. If the case does not result in a recovery, you owe the firm no attorney fee. The percentage only applies to money actually collected, so zero recovery means zero fee.

Advanced case costs are handled the same way at Karasik Law Group, which states that clients "don't pay anything unless and until there is recovery." Always read your specific retainer agreement, because some firms in New York reserve the right to seek reimbursement of advanced disbursements from a client even in a loss. Ask the question directly before you sign: if we lose, do I owe you anything, including costs? Get the answer in writing.

A common surprise is that one-third is usually applied to the net recovery, meaning the amount left after case costs are subtracted, not the full gross settlement. In the example above, the fee was one-third of $288,000, not of $300,000. New York's malpractice statute is explicit that its sliding scale is computed on the net sum after expenses. When you review a retainer, confirm whether the percentage is taken before or after costs, because it changes your final number.

For a standard injury case such as a car accident or slip and fall, the accepted contingency fee is one-third (33 1/3%) of the recovery. New York court rules treat a fee at or below one-third as presumptively fair; a higher fee requires court approval.

You owe no attorney fee, because the fee only applies to money recovered. Advanced case costs depend on the firm and your retainer. Karasik Law Group advances all litigation costs and states that clients pay nothing unless and until there is a recovery. Confirm the cost terms in writing before signing.

Yes. Medical, dental, and podiatric malpractice fees follow the sliding scale in Judiciary Law § 474-a: 30% of the first $250,000, 25% of the next $250,000, 20% of the next $500,000, 15% of the next $250,000, and 10% of any amount over $1,250,000, computed on the net recovery.

Those are case costs, or disbursements, and they are separate from the attorney fee. At Karasik Law Group the firm advances them while the case is pending and is reimbursed from the recovery.

Usually after. The one-third is most often applied to the net recovery, meaning the amount left once case costs are deducted. Read your retainer to confirm the method, since it affects your final take-home.

Yes. Karasik Law Group offers a free initial consultation with founder Alexander Karasik, and the team can assist in Spanish, Russian, Uzbek, and Georgian.

If you were hurt in an accident anywhere in the five boroughs or New Jersey, you can find out what your case is worth without paying anything up front. Karasik Law Group offers a free consultation, advances the costs of litigation, and is paid only if you recover. Call (929) 444-4444 or reach out online to schedule your free case review.