FAQ > Fees > How Much Will This Cost Me Upfront?
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If we choose to take your case, we will not charge you upfront attorney's fees, though you may be responsible for the expenses of procuring medical records and other expenses. In medical malpractice, there is a statutory amount of fees an attorney is authorized to retain through judgment or settlement:
(1) Thirty percent (30%) on the first $250,000 of the sum recovered;
(2) Twenty five percent (25%) on the next $250,000 recovered of the sum recovered;
(3) Twenty percent (20%) on the next $500,000 of the sum recovered;
(4) Fifteen percent (15%) on the next $250,000 of the sum recovered; and
(5) Ten percent (10%) on any amount over $1,250,000 of the sum recovered.
The percentage is to be computed on the net sum recovered after deducting from the amount recovered expenses and disbursements for expert testimony and investigative or other services properly chargeable to the enforcement of the claim or prosecution of the action. In computing the fee, the costs as taxed, including interest upon a judgment, is deemed part of the amount recovered. For the following or similar items there is no deduction in computing percentages:
Liens, assignments, or claims in favor of hospitals, medical care or treatment by doctors and nurses, or self-insurers or insurance carriers.
In the event extraordinary services are required and/or there is an inordinate amount of legal work on this case, we may petition the court for greater compensation pursuant to the Judiciary Law and the Special Rules of the Appellate Division regulating the conduct of Attorneys. The applied-for amount may not exceed one- third or 33 1/3% of the total recovery, exclusive of disbursements.