A contingency fee is an arrangement between the victim of negligence or malpractice and the law firm prosecuting a legal action to recover for pain and suffering, mental anguish and lost income or benefits. Stated simply, there is no legal fee (i.e., a lawyer is not paid for his or her time) unless there is a recovery, whether by settlement, jury verdict, or court award.
At Bottar Leone, PLLC, all of our cases are handled on a contingency basis, and our fees are no secret. In fact, they are governed by New York State Judiciary Law Section 474 and 474-a, as follows:
- Non-Medical Malpractice Actions
- Flat Fee
- 33 1/3 % (one-third)
- Example: A $1,500,000.00 net recovery in a negligence action would result in a legal fee of $500,000.00.
- Medical Malpractice Actions
- Sliding Scale
- 30% of $1.00 to $250,000.00; plus
- 25% of $250,000.00 to $500,000.00; plus
- 20% of $500,000.00 to $1,000,000.00; plus
- 15% of $1,000,000.00 to $1,250,000.00; plus
- 10% of recovery above $1,250,000.00.
- Example: A $1,500,000.00 net recovery in medical malpractice action would result in a legal fee of $300,000.00.