New York — Contingency Fee Rules
New York caps contingency fees in medical malpractice cases via a statutory sliding scale but imposes no general cap in personal injury. The state follows pure comparative negligence with a three-year statute of limitations for most injury claims.
How Are Contingency Fees Regulated in This State?
Direct Answer: New York permits contingency fees in personal injury and most civil cases. Medical malpractice fees follow a strict sliding scale under Judiciary Law §474-a (30% of first $250,000, descending to 10% above $1.25M). General PI cases typically use a flat 33⅓% under court rule 22 NYCRR 1215.
New York does not impose a statutory cap on contingency fees in general personal injury cases. The market standard is 33⅓% of the net recovery. Fees must be "fair and reasonable" under New York Rules of Professional Conduct Rule 1.5.
In medical, dental, and podiatric malpractice cases, Judiciary Law § 474-a mandates a sliding scale:
- 30% of the first $250,000
- 25% of the next $250,000
- 20% of the next $500,000
- 15% of the next $250,000
- 10% of any amount exceeding $1,250,000
All contingency fee agreements must be in writing under RPC Rule 1.5(c), clearly stating the percentage, how disbursements and costs are handled, and whether the fee is calculated before or after expenses are deducted.
Statute of Limitations
| Claim Type | Deadline | Authority |
|---|---|---|
| Personal Injury | 3 years | CPLR § 214 |
| Medical Malpractice | 2 years 6 months | CPLR § 214-a |
| Wrongful Death | 2 years | EPTL § 5-4.1 |
| Product Liability | 3 years | CPLR § 214 |
| Property Damage | 3 years | CPLR § 214 |
| Government Entity | 90-day Notice of Claim / 1 year 90 days | GML § 50-e / § 50-i |
New York-Specific Considerations
Pure comparative negligence: New York follows pure comparative fault under CPLR § 1411. A plaintiff can recover even if 99% at fault, with the award reduced by their percentage of responsibility.
No-fault auto insurance: New York is a no-fault state. To bring a lawsuit for pain and suffering, the plaintiff must demonstrate a "serious injury" as defined by Insurance Law § 5102(d), which includes significant disfigurement, bone fracture, or substantial limitation of a body function.
Scaffolding law (Labor Law §§ 240/241): New York's unique scaffold law imposes absolute liability on property owners and general contractors for gravity-related injuries at construction sites. These cases are frequently handled on a contingency fee basis.
No general tort reform caps: Unlike many states, New York has no statutory cap on non-economic damages in personal injury or medical malpractice cases. Juries have significant discretion in awarding pain and suffering damages.
Frequently Asked Questions
You May Also Be Interested In
Personal Injury
Contingency fee guide for PI claims
Read moreMedical Malpractice
Judiciary Law § 474-a sliding scale
Read moreConstruction Accident
Scaffold law and Labor Law §§ 240/241
Read moreWhat Is a Contingency Fee?
Complete contingency fee explainer
Read moreCalifornia
California contingency fee rules
Read moreTexas
Texas contingency fee rules
Read moreWhere this applies: This page covers New York. Other states set their own rules.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.
- N.Y. Judiciary Law § 474-a (medical malpractice fee schedule)
Sliding scale: 30% of the first $250,000, descending to 10% above $1,250,000.
- N.Y. C.P.L.R. § 214 (three-year limitation)
- New York Rules of Professional Conduct, Rule 1.5
- ABA Model Rule 1.5 (Fees)
Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
- Review dates
- Last reviewed 2 August 2026. Next review due 2 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.