How New York construction accident lawyers charge for their work
Most construction accident lawyers in New York work on contingency, meaning they take a percentage of what you recover instead of charging you upfront. The standard rate is between 25% and 33% of your settlement or judgment, though some cases go higher. You pay nothing unless you win or settle.
A few lawyers charge by the hour instead, typically $150 to $400 per hour depending on experience and location. Hourly billing is less common in construction accident cases because the financial risk falls on you—you pay as the case goes on, regardless of outcome. Most injured workers prefer contingency because it aligns the lawyer's incentive with yours: they only make money if you do.
Some lawyers also charge a retainer—a flat fee upfront to start work—then bill hourly against it. This is rare in construction cases but happens occasionally with larger firms or complex disputes.
Key Takeaways
- Contingency fees (25% to 33% of recovery) are the standard arrangement for construction accident cases in New York, with no upfront cost to you.
- Hourly rates range from $150 to $400 per hour but shift the financial risk to you since you pay whether you win or lose.
- Court costs, medical records, informed witnesses, and investigation fees are separate from the lawyer's fee and may be deducted from your settlement.
- The percentage a lawyer takes can vary based on case complexity, how far it goes (settlement versus trial), and the lawyer's track record.
- Always ask in writing what the fee agreement covers and what costs you are responsible for before signing anything.
What costs are separate from the lawyer's fee
The lawyer's percentage is not the only money that comes out of your recovery. Case costs—filing fees, court transcripts, medical records, informed witness reports, accident scene investigation—are typically paid from your settlement after the lawyer takes their cut. These can range from a few hundred dollars in straightforward cases to several thousand in complex ones involving multiple experts.
Your fee agreement should spell out who pays these costs and when. Some lawyers advance them (pay upfront and deduct later), while others ask you to pay as they go. If the case settles quickly with minimal investigation, costs stay low. If it goes to trial or requires extensive informed testimony, they climb.
Medical liens are another layer. If you received treatment through Medicaid, Medicare, or a health insurance plan, those programs may have a legal right to recover part of what you receive. The lawyer's job is to negotiate these liens down, but they come out of your money, not the lawyer's fee.
How the percentage changes based on how far the case goes
Many lawyers quote a lower percentage if the case settles early and a higher one if it goes to trial. A common structure is 25% for settlement, 33% for trial. This reflects the extra work: settlement negotiations can wrap up in months, while trial preparation takes much longer and carries more risk.
Some lawyers use a sliding scale tied to how much you recover. You might pay 25% on the first $50,000, 30% on amounts between $50,000 and $250,000, and 33% above that. This is less common but does happen. Always ask how the percentage is calculated and whether it changes if the case goes to trial.
If your case is dismissed or you lose at trial, you owe the lawyer nothing under contingency. That is the trade-off: they absorb the risk and the cost of a failed case.
Factors that affect what lawyers charge
Experience matters. A lawyer who has handled dozens of construction accident cases and has a strong settlement record may charge 33% as a baseline, while a newer lawyer might offer 25% to build their practice. Larger firms in Manhattan often charge more than solo practitioners in outer boroughs, though that does not always mean better results.
Case complexity also drives cost. A straightforward slip-and-fall on a construction site with clear liability costs less to pursue than a catastrophic injury involving multiple contractors, regulatory violations, and questions about shared fault. The lawyer factors this in when quoting a fee.
Your leverage affects it too. If you have strong evidence, clear liability, and significant damages, the lawyer knows the case is valuable and may stick to 25%. If liability is murkier or damages are modest, they may ask for 33% to justify the risk.
What to ask before you sign a fee agreement
Request the fee agreement in writing before you commit. Do not rely on a verbal quote. The agreement should state the percentage, whether it changes if the case goes to trial, and exactly which costs you are responsible for. Ask whether the lawyer advances costs or bills you as they go.
Ask what happens if the case settles before trial but after significant work—some lawyers have a tiered structure that accounts for this. Ask whether the percentage applies to the gross recovery (the full amount before costs) or the net recovery (after costs are deducted). This can make a real difference.
Find out whether the lawyer handles your case personally or assigns it to an associate. Ask about their experience with construction accident cases specifically, not just personal injury generally. Construction law has its own rules around contractor liability, workers' compensation exclusivity, and regulatory violations.
Ask for references from past clients and check whether the lawyer has disciplinary history through the New York State Bar Association website. A low fee means nothing if the lawyer does not deliver.
Comparing contingency offers from multiple lawyers
It is reasonable to shop around. Call three to five construction accident lawyers and describe your case. Most offer free initial consultations. Write down what each one quotes for their percentage, how they handle costs, and whether the percentage changes for trial.
Do not choose based on fee alone. A lawyer who charges 25% but settles your case for $80,000 may net you more than one who charges 20% but settles for $50,000. Ask about their average settlement size and how long cases typically take. Ask how many cases they take on at once—a lawyer juggling 200 cases may move slower than one handling 50.
Red flags include a lawyer who will not put the fee in writing, who quotes a percentage significantly lower than the market (25% to 33%), or who promises a specific outcome. Construction accident cases are unpredictable; any lawyer guaranteeing a result is overselling.
When you might pay hourly instead of contingency
Hourly billing makes sense in a few situations. If you are suing your own employer (which is rare in New York because workers' compensation usually bars it), you might pay hourly since the case is unusual and contingency firms avoid it. If you are pursuing a third-party claim alongside workers' compensation, some lawyers charge hourly for the third-party work.
Hourly billing also appears when you are seeking damages beyond money—an injunction, a regulatory investigation, or a change in workplace safety practices. These cases do not always result in a settlement check, so contingency does not work.
If a lawyer proposes hourly billing, ask for an estimate of total hours and a cap on what you will pay. Without a cap, costs can spiral. Also ask whether you pay as you go or at the end, and what happens if the case settles partway through.
Frequently Asked Questions
Can I negotiate the contingency percentage down?
Yes, especially if your case is strong and liability is clear. A lawyer confident in a high recovery may accept 25% instead of 33%. But do not expect dramatic discounts—the market in New York is fairly standard. Negotiating too hard may signal that you do not trust the lawyer, which is a reason to find a different one.
What if I settle my case before hiring a lawyer?
You can still hire a lawyer to review the settlement and negotiate with the other side, but you will likely pay hourly instead of contingency. The other party has already made an offer, so the lawyer's leverage is limited. This is why it is better to consult a lawyer before accepting any settlement.
Do I pay the lawyer's fee if I win at trial but the defendant appeals?
That depends on your fee agreement. Some agreements say the lawyer's percentage applies only to money you actually receive, so if the case is appealed and the judgment is reduced or overturned, the fee adjusts. Others lock in the percentage at the time of judgment. Clarify this before trial.
Are there lawyers who work for free on construction accident cases?
Legal aid organizations and some nonprofits handle construction injury cases for low-income workers, but they have strict income limits and long waitlists. Your best option is a contingency lawyer, who effectively works for free upfront and only takes payment if you recover.
What if the insurance company offers a settlement but the lawyer thinks it is too low?
The decision is yours, not the lawyer's. A good lawyer will explain why they think the offer is low and what the case might be worth at trial, but you can accept a lower settlement if you prefer certainty over risk. The lawyer's fee applies to whatever you accept.