The amount personal injury lawyers take from settlements is typically somewhere between 33% and 40% of the injury victim’s final payment. Most personal injury attorneys work on a contingency fee basis. This means you do not pay any attorney fees unless your lawyer recovers money for you.
Our Westbury personal injury lawyers can help you throughout your claim. At Levine And Wiss, we will review your losses, gather evidence to show what happened, and speak with the insurance company for you. We can also take your case to court if a fair settlement cannot be reached.
How Contingency Fees Work in New York
A contingency fee means your lawyer gets paid only if you receive money through a settlement or court award. Instead of paying your lawyer upfront or by the hour, you agree to pay them a percentage of the money they recover for you.
At Levine And Wiss, we will explain our fees before taking your case. You will know what percentage applies and how other costs may affect your payment. New York has rules about how much lawyers can charge in personal injury cases. A one-third fee is common, but some cases have different rules.
New York’s court rules on attorney’s fees explain how these fees are calculated.
How Much Money You May Receive After Attorney Fees
The amount you receive from a personal injury settlement depends on the total recovery, your lawyer’s fee, and any expenses or liens that must be paid.
For example, consider a $90,000 settlement with a one-third attorney’s fee:
| Settlement breakdown | Amount |
| Total settlement | $90,000 |
| Attorney’s fee (33⅓%) | $30,000 |
| Amount remaining before other deductions | $60,000 |
This example does not include case expenses, unpaid medical bills, or other costs that may need to be paid from the settlement. Levine And Wiss will review the proposed settlement with you and explain how these deductions affect the money you may receive.
Other Costs That May Be Deducted From Your Settlement
Attorney fees are not always the only costs involved in a personal injury case. Some claims require money for records, court filings, or outside professionals who help establish the extent of the injury.
Common case expenses include:
- Medical records: Fees for obtaining treatment records and reports.
- Court filing fees: Costs of filing a lawsuit and certain court documents.
- Expert witnesses: Payments to professionals who review evidence or provide testimony.
- Depositions: Costs of recording sworn statements from witnesses.
- Investigation expenses: Costs of gathering evidence about how an accident happened.
Levine And Wiss has in-house investigators and works with medical and economic witnesses when needed to support injury claims.
Your written agreement should explain which expenses you may owe, when they are deducted, and whether those expenses are calculated before or after the attorney’s percentage.
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Do You Have to Pay Attorney Fees if You Lose Your Case?
In a contingency fee arrangement, you generally do not owe an attorney’s fee if your lawyer does not recover money for you. However, responsibility for case expenses in this situation can depend on your written agreement.
Levine And Wiss can explain the difference between attorney fees and other legal costs before you decide to hire our firm.
Ask your attorney whether you would owe any expenses if the case ends without a settlement or court award. You should understand these terms before signing a contract.
How Hiring a Lawyer Can Affect Settlement Negotiations
A lawyer from Levine And Wiss can help you assess an insurance company’s offer and determine whether it accounts for the full extent of your losses.
Insurance companies may review medical records, accident reports, witness statements, and other evidence before deciding how much to offer.
Our firm handles these discussions and prepares evidence to support our clients’ claims. Our team of injury attorneys can:
- Review the insurer’s findings about who caused the accident.
- Gather proof of your medical expenses and lost income.
- Consider whether you may need additional medical care in the future.
- Explain how shared fault could affect recovering your losses.
- Lead negotiation talks with the insurance company.
- Prepare a lawsuit if settlement talks do not lead to a fair offer.
For example, a collision on Long Island Expressway may involve disputed accounts of how the crash happened. Medical records from Nassau University Medical Center may also help document injuries and treatment.
An attorney’s involvement does not guarantee a larger settlement. However, legal representation can help you avoid accepting an offer without fully understanding your losses.
Meeting New York’s Deadline for Filing a Personal Injury Lawsuit
People generally have three years from the date of injury to file a personal injury lawsuit, per NY CPLR § 214(5). Levine And Wiss will review when your injury happened and whether a different deadline applies.
Some claims have shorter filing periods, including cases involving government agencies. For example, someone injured in a collision involving a government vehicle on Sunrise Highway (NY 27) may face different legal requirements than someone hurt in a crash involving a private driver.
Waiting too long can prevent you from recovering compensation, even when the insurance company has been discussing a settlement with you.
Questions to Ask Before Signing a Lawyer’s Fee Agreement
Before you hire a personal injury lawyer, ask how fees and expenses will affect your final settlement. A written agreement should explain what you are agreeing to pay and when payment becomes due.
Levine And Wiss encourages clients to understand the terms of representation before their case begins.
Consider asking these questions:
- What percentage of my settlement will go to attorney fees?
- Will the fee change if my case goes to trial?
- Will case expenses be deducted before or after the attorney’s fee is calculated?
- Will I owe any expenses if my case is unsuccessful?
- Who will handle my case and keep me updated?
- Will I receive a written breakdown of my settlement?
You can also ask about the lawyer’s experience with cases similar to yours. Our attorneys at Levine And Wiss have more than 100 years of combined experience handling personal injury claims.
Personal Injury Lawyer Settlement Fee FAQs
People often have questions about attorney fees, settlement payments, and whether they can afford legal representation. Levine And Wiss helps injured New Yorkers understand the rules on reasonable attorney fees.
Some attorneys may agree to a different percentage based on the type of case or work involved. Ask about the proposed rate during your first consultation and make sure any agreed changes appear in writing.
Do Personal Injury Lawyers Get Paid Before Their Clients?
Personal injury lawyers generally receive their fees from the settlement funds before the remaining money is paid to their clients.
Your attorney should provide a breakdown showing the total settlement amount, legal fees, expenses, and other deductions. This allows you to see how much money you will receive.
Can Medical Bills Reduce the Money You Receive From a Settlement?
Medical bills and valid liens can reduce the money you receive from a personal injury settlement. This depends on which bills remain unpaid and whether another party has a legal right to reimbursement.
For example, treatment at NYU Langone Hospital—Long Island may result in medical expenses that need to be addressed before settlement funds are distributed. Your attorney can review these amounts and determine whether any can be reduced.
Is It Worth Hiring a Personal Injury Lawyer for a Small Settlement?
Hiring a personal injury lawyer for a small settlement may be worthwhile if the insurer disputes your injuries, offers too little money, or questions who caused the accident.
An attorney can review the claim and explain whether legal representation makes financial sense. You can then compare the possible benefits of hiring a lawyer with the fees and expenses involved.
Talk to Levine And Wiss About Personal Injury Lawyer Settlement Fees
Knowing how much personal injury lawyers take from settlements can help you make an informed decision about hiring legal representation. At Levine And Wiss, we want you to understand the costs of your case and the compensation you may be entitled to receive.
Our firm has recovered hundreds of millions of dollars for injured clients. You can review our case results to learn more about our track record of success. We are available 24/7, and we offer office, virtual, and hospital consultations.
You pay no attorney fees unless we recover compensation for you. Contact us today for a free consultation to discuss your injury claim, our fees, and how we can help.
