You’ve likely seen ads for New York City personal injury attorneys claiming that they work at no cost to the client. And while that does not necessarily mean that their services are free, they do work at no outside cost to YOU as an injured party. To learn more about Kucher Law Group in Brooklyn please visit our website.
Personal Injury Lawyers and Contingency Fees
Personal injury lawyers in New York and around the country typically work on what is called a contingency fee basis. Contingency is an arrangement with the client that the attorney is only paid for their services if they have secured compensation on the client’s behalf. If they fail to recover for the client, they don’t get paid.
With a contingency fee arrangement, fees for representing the client will be deducted from the final award, either from a personal injury settlement or an award after a favorable verdict if the case goes to court. If there is no award, then the attorney collects no attorney fees.
Why Contingency Fees? Why Not Just Charge the Client?
Contingency fee arrangements exist because most individuals cannot afford to hire a lawyer after an injury and pay hourly fees that could be charged. The more complicated a case, the higher the hourly fees could get.
Contingency fee arrangements allow anyone with a valid personal injury claim to get fairly compensated for their injuries without worrying about paying their attorney. If there is a settlement or verdict award, the attorney will collect a third of that money. In addition, the attorney may collect expenses that were paid for by the attorney on behalf of the client.
Isn’t a Contingency Fee Arrangement a Risk to the NYC Personal Injury Lawyer?
While some types of lawyers ask for a retainer payment to begin a case, personal injury lawyers do not typically ask for any retainer payment or even bill hourly. To retain the services of an injury attorney, the client signs a contract agreeing to share a percentage of the recovery with the attorney for their representation.
Personal injury attorneys in New York can invest a great deal of time and money in a case without any guarantee of recovery. The attorney will often pay all upfront costs associated with the case, including investigator costs, court costs, expert witnesses, administrative costs, and other necessary incidental expenses to support the client’s case. If the attorney does not recover any money in the case, they stand to lose any money and time they have invested in the case.
How Does a Personal Injury Lawyer in New York Decide a Case is Worth Their Time?
Because taking a personal injury case can be a significant risk to an attorney, they spend time vetting cases before agreeing to take them. Injury lawyers will evaluate the risks against the advantages before deciding to take a case, and if they feel they cannot win, they will typically decline to accept a case.
When making their decision, they will consider all the facts surrounding the case, the law governing it, potential defenses that can be raised, and the chance of success. The attorney will also consider the amount of insurance or assets of a defendant to see what is available to compensate their client. If there is not enough available in the way of insurance or assets, an injury attorney may decline the case.
Not All New York City Personal Injury Lawyers Are Alike
New York City is a big place, full of personal injury attorneys of various skills. As an injured party, you owe it to yourself to hire a lawyer who is dedicated to getting you the justice and the compensation you deserve. At Kucher Law, we are confident in our results and have the awards to prove it. If you have been injured in an accident in New York City, call us at (929) 274-8000 or contact us online to schedule a no-cost consultation.