What Is a Contingency Fee in Brain Injury Cases?
A contingency fee is a payment arrangement where your brain injury lawyer only gets paid if they win your case. Instead of charging upfront hourly rates or retainer fees, your attorney receives a percentage of your final settlement or court award. This “no win, no fee” structure makes legal representation accessible to brain injury victims regardless of their current financial situation.
In New York, contingency fees are regulated by state law to protect clients. For most personal injury cases including brain injury claims, attorneys cannot charge more than 33.3% of the settlement amount. This means if you receive a $300,000 settlement, your lawyer’s fee would be approximately $100,000, leaving you with $200,000.
Key Benefit: You pay nothing out of pocket to start your case. Legal fees only come from your settlement, and if there’s no recovery, you owe nothing.
For brain injury victims, this fee structure is particularly valuable because medical bills, lost wages, and rehabilitation costs often create severe financial strain immediately after an accident. Contingency fees eliminate the barrier of expensive upfront legal costs, ensuring everyone has access to experienced legal representation.
How Contingency Fees Work in New York Brain Injury Claims
Understanding the contingency fee structure helps you make informed decisions when choosing a brain injury lawyer in New York. Here’s the typical process:
