In New York, the attorney’s fees for a medical malpractice case are dictated by court rules. Personal injury attorneys most often work on a contingency fee basis, meaning the attorney will not get paid unless you win at trial or receive a settlement. The medical malpractice fee schedule works on a sliding scale meaning the attorney’s fee is a decreasing percentage of the sum recovered, as the sum recovered increases. Specifically:

  • 30% of the first $250,000 recovered;
  • 25% of the next $250,000 recovered;
  • 20% of the next $500,000 recovered;
  • 15% of the next $250,000 recovered;
  • 10% of any amount over $1,250,000 recovered.