Personal Injury Lawyer Fees in Brooklyn, NY: How Much Will It Cost?

Reviewed by Alexander Karasik, Esq., Personal Injury Attorney | 18+ Years Experience | Super Lawyers 2021-2024 | Last Updated: May 2026

Personal injury lawyer fees in Brooklyn, NY are typically 33.33 percent (one-third) of the recovery on a contingency basis, meaning you pay nothing unless your attorney wins. Medical malpractice cases use a different sliding scale set by New York Judiciary Law Section 474-a (30 percent on the first $250,000, decreasing to 10 percent over $1.25 million). For wrongful death and most other personal injury claims, the standard 33.33 percent applies. There are no upfront fees, and case expenses are typically advanced by the firm and reimbursed from the recovery.

How Contingency Fees Work in New York

Under NY Judiciary Law Section 474, attorneys are permitted to charge a fee based on a percentage of the client’s recovery. For personal injury cases, the standard is 33.33 percent (one-third) of the gross or net recovery, depending on the retainer agreement. If your case settles for $300,000, the attorney fee is approximately $100,000.

If the case does not result in a recovery, you owe no attorney fee. Case expenses (filing fees, expert witness costs, deposition transcripts, medical records) are typically advanced by the firm. Whether you owe expenses if the case is lost depends on the retainer agreement; many NY firms (including Karasik Law Group) absorb the expense risk along with the fee risk.

Standard Fee Structure: 33.33 Percent of Recovery

The one-third fee applies to most NY personal injury cases:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Slip-and-fall cases
• Construction accidents (Labor Law 240/241)
• Premises liability
• Dog bite injuries
• Wrongful death (other than medical malpractice)
• Pedestrian and bicycle accidents

Medical Malpractice Cases: NY Judiciary Law 474-a Sliding Scale

Medical malpractice cases follow a different fee structure under NY Judiciary Law Section 474-a. The sliding scale prevents attorneys from taking the standard one-third on large malpractice recoveries.

For a $1,500,000 medical malpractice recovery, the attorney fee under JL 474-a is approximately $325,000 (30% of first $250K + 25% of next $250K + 20% of next $500K + 15% of next $250K + 10% on the remaining $250K), or about 21.7 percent of the total. Compare this to the 33.33 percent flat fee on a non-malpractice case of the same value, which would be $500,000.

Net Recovery vs. Gross Recovery

NY personal injury retainer agreements use one of two fee calculation methods:

Net Recovery Method (Client-Friendly)

Case expenses are deducted from the recovery first, then the attorney fee is calculated on the remaining amount. Example: $300,000 recovery minus $5,000 expenses = $295,000 net. Attorney fee at 33.33 percent = $98,335. Client receives $196,665.

Gross Recovery Method

The attorney fee is calculated on the total recovery first, then expenses are deducted. Example: $300,000 recovery, attorney fee at 33.33 percent = $100,000, then $5,000 expenses subtracted from the remaining $200,000. Client receives $195,000.

The net recovery method typically saves the client a small amount (in the example above, $1,665). Always ask your attorney which method the retainer uses before signing.

Worked Examples of Brooklyn Personal Injury Lawyer Fees

Case Expenses: What You May Pay Beyond the Fee

Beyond the attorney fee, NY personal injury cases involve case expenses. These are typically advanced by the firm and reimbursed from the recovery. Common expenses include:

• Court filing fees: $200 to $500 per case
• Service of process: $50 to $200 per defendant
• Medical records requests: $50 to $500 per provider
• Deposition transcripts: $300 to $1,500 per deposition
• Expert witness fees: $1,500 to $25,000+ depending on case complexity
• Accident reconstruction: $5,000 to $20,000 for trucking and severe-injury cases
• Independent Medical Examination (IME) records: $200 to $800
• Trial exhibits and graphics: $2,000 to $15,000 if case goes to trial

Total case expenses typically range from $1,000 to $5,000 for a standard car accident case, $5,000 to $15,000 for a moderate injury case, and $15,000 to $50,000+ for catastrophic injury, medical malpractice, or trial cases.

What Is a “No Fee Without Recovery” Agreement?

A contingency fee agreement means the attorney is paid only if the case results in a recovery. If the case is lost or dropped:

• You owe NO attorney fee
• You may owe case expenses (depends on retainer terms)
• You owe NO administrative or hourly charges

Always read your retainer agreement carefully. Look for the language about case expenses if you do not recover. Many NY firms (including Karasik Law Group) waive case expense reimbursement when the case is unsuccessful.

Are Personal Injury Settlements Taxable in NY?

Compensation for physical injuries and medical expenses is generally NOT taxable under federal law (IRS Section 104(a)(2)). However:

• Punitive damages are taxable
• Interest accrued on the settlement is taxable
• Lost wage portions may be taxable depending on case structure
• Emotional distress awards (not stemming from physical injury) may be taxable

Consult a tax professional regarding your specific settlement structure.

Liens That May Reduce Your Recovery

Before your settlement check is disbursed to you, certain liens must typically be paid:

• Medicare/Medicaid liens for treatment paid by these programs
• Health insurance subrogation (your insurer wants reimbursement)
• Workers’ compensation liens if injury was work-related
• No-fault PIP carrier liens in some cases
• Hospital liens for unpaid medical bills

Your attorney negotiates lien reductions when possible to maximize the amount you actually receive.

Speak With a Brooklyn Personal Injury Lawyer Today

At Karasik Law Group, our Brooklyn personal injury attorneys work on the standard 33.33 percent contingency fee for non-malpractice cases. We follow the NY Judiciary Law 474-a sliding scale for medical malpractice. There are no upfront fees, no hourly charges, and no fees of any kind unless we recover compensation for you.

Free Case Evaluation

We offer free consultations to evaluate your case, explain the fee structure, and review your retainer agreement before you sign. We work with clients in Brooklyn, Queens, Manhattan, the Bronx, Staten Island, and New Jersey, and our team communicates in English, Spanish, Russian, and Uzbek.

Frequently Asked Questions

How much does a personal injury lawyer cost in New York?

The standard NY personal injury contingency fee is 33.33 percent (one-third) of the recovery. Medical malpractice cases use a sliding scale under Judiciary Law 474-a, ranging from 30 percent on the first $250,000 down to 10 percent on amounts over $1.25 million. There are typically no upfront costs.

Do I pay anything if I lose my personal injury case?

You do not owe an attorney fee if you do not recover. Whether you owe case expenses (court costs, expert witnesses, etc.) depends on the retainer agreement. Many NY firms, including Karasik Law Group, absorb the expense risk so clients pay nothing if the case is unsuccessful.

Are personal injury lawyer fees negotiable in NY?

The standard 33.33 percent is so widely accepted that most attorneys do not negotiate down. The medical malpractice sliding scale under JL 474-a is a maximum set by statute and cannot be exceeded. In limited circumstances (cases involving minors, or very large recoveries), courts may approve reduced fees as “fair and reasonable” under judicial supervision.

What is the difference between net recovery and gross recovery fees?

Net recovery deducts case expenses first, then calculates the attorney fee on the remaining amount (slightly more favorable to the client). Gross recovery calculates the attorney fee on the total amount, then expenses are deducted. Always ask your attorney which method the retainer uses.

How are case expenses different from attorney fees?

Attorney fees are the lawyer’s compensation for their work (33.33 percent contingency). Case expenses are out-of-pocket costs (court filing fees, medical records, expert witnesses, deposition transcripts) that the firm advances and is reimbursed for at settlement. Total case expenses range from $1,000 for simple cases to $50,000+ for catastrophic or trial cases.

Can I get a sliding scale on a regular personal injury case?

The sliding scale under JL 474-a applies only to medical malpractice claims. For car accidents, slip-and-fall, premises liability, and other personal injury cases, the flat 33.33 percent is the NY standard. Some attorneys may agree to a custom sliding scale for very large recoveries.

Are there any upfront fees for a personal injury case in NY?

No. Reputable NY personal injury attorneys do not charge upfront retainer fees, hourly rates, or consultation fees. The contingency model means you only pay when the attorney wins. Be wary of any NY personal injury attorney requesting upfront payment.

What percentage do attorneys take from medical malpractice settlements in NY?

Medical malpractice attorneys in NY follow the JL 474-a sliding scale: 30 percent of the first $250,000, 25 percent of the next $250,000, 20 percent of the next $500,000, 15 percent of the next $250,000, and 10 percent of any amount over $1.25 million. For a $1.5 million medical malpractice recovery, this works out to approximately 21.7 percent of the total.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact a licensed attorney in your jurisdiction for case-specific guidance.