What Are Contingency Fees?

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Legally Reviewed by:

Alex Nocerino
Alex Nocerino, managing partner and personal injury lawyer at Chopra & Nocerino, LLP in Garden City, NY

Alex Nocerino is a founding partner at our firm and a successful trial lawyer with roots in New York. He is a member of the New York State Bar Association, the New York State Trial Lawyers Association, and the American Association for Justice. He has helped injured individuals win hundreds of millions in compensation from large corporations, government entities, and wealthy landlords. 

With 18 years of experience, he has been recognized as a Super Lawyer since 2019 and has a five-star Avvo rating. He is a true New Yorker and a successful trial lawyer who is unafraid to go up against even the powerful and combative defendants.

Content Last Updated:   July 15, 2024

KEY TAKEAWAYS
  • Most personal injury attorneys in New York work on a contingency fee basis, which means they only get paid if they recover compensation for you.
  • A contingency fee is a percentage of the total amount recovered through a settlement or jury award, usually ranging from 25 to 40 percent.
  • Contingency fees allow you to pursue legal action without paying upfront costs for legal representation or other related expenses.
  • When you consult with Chopra & Nocerino, we’ll outline our contingency fee structure, so you know exactly what to expect if we win your case.

What Are Contingency Fees?

Contingency fees are a common payment structure among New York personal injury firms. When you hire an attorney under a contingency fee arrangement, you pay zero upfront or out-of-pocket fees for their services. Instead, the attorney’s fees come out of your final settlement or jury award. The attorney receives a percentage of your total compensation amount.

There is no fee if the case is unsuccessful under a contingency fee arrangement. If your attorney does not recover compensation on your behalf, you do not owe any money.

Advantages of Contingency Fee Arrangements

You’re dealing with enough financial stress after a personal injury, and upfront fees would likely be a barrier to getting the legal help you need. Contingency fees allow anyone with a valid claim to work with an attorney, regardless of their financial status.

A contingency fee arrangement also ensures that both you and your attorney have the same motive. Under this fee structure, the attorney has a greater incentive to secure a favorable outcome for you. The more you win, the more your attorney wins. This alignment of interests fosters a strong partnership and an increased likelihood of success in your case.

At Chopra & Nocerino, our contingency fee structure means we shoulder the initial financial burden of the legal process. This allows you to focus on your recovery rather than worrying about legal expenses. 

What Percentage Does Chopra & Nocerino Take?

33% of the total amount recovered

Our law firm follows New York contingency fee rules. These rules state that personal injury attorneys may collect up to 33.3 percent of the total amount recovered. The contingency fee must be “fair,” which involves considering factors such as the case’s complexity, the attorney’s skill and experience, and the average fees charged in similar cases. In some cases, particularly those involving minors, the state has ruled a 25 percent contingency fee as “fair.”

Gavel on a wooden desk, scales of justice in the background

We specify the contingency fee percentage in our fee agreement. When you turn to our team, we’ll make sure you understand our fee structure before we start working on your case. We may charge a flat percentage on all recoveries. However, we may do a tiered percentage in some cases, with a lower fee for larger awards.

What Costs Are Covered by a Contingency Fee Agreement?

Contingency fees cover your attorney’s services at all stages of the legal process. This includes investigating your accident, gathering evidence, negotiating with insurance companies, and representing you in court if necessary.

Our firm may also advance other expenses associated with your case, such as court filing fees or expert witness fees. In this case, we will receive repayment for these costs using a portion of your financial award. We will let you know early in the legal process what expenses our contingency fee will cover.

What Happens If I Lose My Case?

Under a contingency fee arrangement, the attorneys assume all the risk. If our attorneys fail to secure compensation for your losses, you will not owe us any fees. This means you have nothing to lose—and potentially everything to gain—by pursuing your case with us.

Scales of justice sitting on top of law books while two attorneys review other books

How Long Will My Case Take With a Contingency Fee?

No two cases have the same timeline, so predicting how long your case will take is difficult. However, our attorneys will work to resolve your case quickly and efficiently. Our contingency fee arrangement incentivizes us to work diligently on your case and secure a favorable outcome as soon as possible—without sacrificing the quality of our work.

Contact Chopra & Nocerino To Learn More

Legal representation is vital after you’ve been injured due to someone else’s negligence. Your financial well-being and quality of life may depend on the compensation you receive in your personal injury case. The inability to pay upfront legal fees shouldn’t be a barrier to seeking justice for your injuries. That’s why we offer contingency fee agreements for our personal injury clients. This arrangement defers the cost of legal representation until we secure compensation for you.

If you suspect you or a loved one has a personal injury case, call (855) NYC-HURT or contact us today to schedule a free consultation. We’ll listen to your story, explain your legal options, and discuss our contingency fee arrangement in more detail.

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