Contingency Fees

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.