How to Pick a Personal Injury Law Firm (and How Much It Costs)

Choose a personal injury firm with real results in cases like yours, responsive communication, and partners who personally handle your case. Not a junior associate you never meet. Cost is rarely a barrier. Most New York personal injury lawyers, including ours, work on contingency. They charge roughly one-third of your recovery and nothing if you don't win.

If you've been injured, picking the right firm and understanding what it costs are really the same decision. Personal injury lawyers are paid only when you recover, so the fee question and the "who should I trust with my case" question are tied together. This guide covers how to pick a personal injury law firm and the questions worth asking at your consultation. It also explains exactly how contingency fees work in New York.

How to Evaluate a Personal Injury Law Firm

Not every firm that advertises "personal injury" is the right fit for your situation. A short, honest checklist beats a long one. Here are the factors that actually matter when you compare firms.

Case-specific experience. Look for a firm that has handled cases like yours, whether that's construction accidents, car accidents, slip and falls, or whatever caused your injury. General "personal injury" experience isn't enough. A firm that regularly litigates construction accidents understands New York's Labor Law protections. A firm that handles mostly fender-benders may not. Ask what percentage of their work involves your type of case.

A track record you can verify. Results matter, but they have to be real. Look for specific settlements and verdicts you can confirm, not vague promises of "millions recovered." A firm confident in its work will show you the outcomes it has achieved.

Who actually handles your case. This is the factor most people forget to ask about when choosing a personal injury law firm. At many large firms, an experienced attorney signs you up and then hands your file to a junior associate or paralegal you rarely speak to. At a family firm like ours, partners handle cases directly. When you call, you talk to the person actually working on your claim.

Communication and responsiveness. A good firm returns your calls, explains each stage of the process in plain English, and keeps you informed without you having to chase them. During your first conversation, notice how they treat you. If it's hard to get answers before you've signed, it won't get easier afterward.

Resources to build your case. Serious injury cases often need investigators, accident reconstruction experts, treating physicians, and expert witnesses. Ask whether the firm has the resources to bring in this help when your case needs it.

Local court and jurisdiction knowledge. New York City procedure, filing deadlines, and local court relationships are their own world. A firm that regularly appears in the courts where your case would be heard knows the terrain. An out-of-area firm doesn't.

Independent reviews. Read client reviews on Google and other independent platforms, not just the testimonials a firm curates on its own website. Look for patterns. Do clients mention feeling heard, kept informed, and treated fairly?

Fee transparency. A reputable firm explains its fee structure clearly during your initial case review, in writing, with no vague answers. If you can't get a straight explanation of what you'll pay and when, that's a warning sign.

Questions to Ask Before Hiring a Personal Injury Lawyer

Your first meeting with a firm is your chance to interview them, not the other way around. It costs nothing, and the answers tell you a lot. Bring these questions:

• How many cases like mine have you handled, and what were the outcomes? You want experience with your specific type of injury, backed by real results.
• Who will actually be working on my case day-to-day? Confirm whether a partner or a junior associate will manage your file.
• What is your fee percentage, and does it change if we go to trial? Fees can differ depending on whether a case settles early or goes to litigation. Get the numbers.
• Are there any costs I'd owe even if we don't win? Clarify how case expenses are handled separately from the attorney's fee. More on this below.
• How do you keep clients updated as the case moves forward? A clear answer here predicts how the whole relationship will go.

One red flag to watch for: any lawyer who guarantees a specific dollar amount or promises you'll "definitely win." No ethical attorney can promise an outcome. Every case turns on its own facts, liability, and evidence. Confident, honest lawyers explain what's realistic. They don't overpromise to sign you.

How Much Does a Personal Injury Lawyer Cost?

Here's the part that surprises most people. Hiring a personal injury lawyer usually costs nothing upfront. Nearly all personal injury firms in New York, including ours, work on a contingency fee basis. That means the lawyer is paid a percentage of your recovery only if you win. If there's no recovery, there's no attorney's fee.

What Percentage Do Personal Injury Lawyers Take in New York?

The most common personal injury lawyer contingency fee percentage in New York is one-third (33.3%) of the net recovery. Some firms use a sliding scale that goes higher, often up to 40%, if a case goes to trial or litigation. A litigated case demands far more work than one that settles before a lawsuit is filed.

These percentages aren't unlimited. In personal injury and wrongful death cases, New York's Appellate Division sets a court-regulated fee schedule. Fees that fall within the schedule are presumed fair and reasonable. In the First Department, which covers Manhattan and the Bronx, that schedule appears in 22 NYCRR § 603.25. It offers a sliding-scale option (Schedule A) or a straight percentage not exceeding one-third of the recovery (Schedule B). In the Second Department, which covers Queens, Brooklyn, Staten Island, and Long Island, the equivalent rule is 22 NYCRR § 691.20, which offers the same two schedule options. On top of that, Rule 1.5 of the New York Rules of Professional Conduct prohibits any lawyer from charging an excessive or illegal fee.

Medical Malpractice Fees Work Differently

If your case involves medical, dental, or podiatric malpractice, a separate statute applies. Under New York Judiciary Law § 474-a, attorney fees in those cases follow a mandatory sliding scale: 30% of the first $250,000 recovered, 25% of the next $250,000, 20% of the next $500,000, 15% of the next $250,000, and 10% of any amount above $1.25 million. This cap is unique to malpractice cases. It does not apply to standard personal injury claims like car accidents or slip and falls, which is a common source of confusion.

Attorney Fees vs. Case Expenses

There's an important distinction to understand. The attorney's fee is the percentage of your recovery. Case expenses are separate out-of-pocket costs: filing fees, the cost of obtaining medical records, expert witness fees, and similar charges. Many firms advance these expenses on your behalf as the case moves forward, then deduct them from the recovery at the end.

The key question is what happens to those expenses if the case is unsuccessful. Some firms waive them entirely if you don't win. Others may seek reimbursement. Ask directly, and get the answer in writing. How expenses are handled is exactly the kind of thing a written fee agreement should spell out.

Do You Have to Pay if You Lose?

Under a contingency arrangement, if there's no recovery, you generally owe no attorney's fee. That's the whole point of the structure. It lets injured people pursue valid claims without paying legal bills out of pocket. Whether you'd owe any case expenses depends on your specific agreement, which is why getting the terms in writing matters. New York court rules require the written fee agreement to be provided, and a reputable firm will always put your arrangement on paper.

Contact The Orlow Firm

Now that you know what to look for and what it costs, here's how The Orlow Firm measures up. We're a family firm, father and sons, which means a partner personally handles your case, not a junior associate you never meet. We've represented injured people throughout Queens and New York City for more than 40 years. Our work covers construction accidents, car accidents, slip and falls, and every other type of personal injury case. And like nearly every reputable personal injury firm, we work on contingency: you pay no attorney's fee unless we win.

Call (646) 647-3398 for a free consultation. We'll explain your options and our fee structure clearly, with no pressure and nothing owed upfront.

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Sources & Official Resources

New York Laws Cited

1. Judiciary Law § 474-a — Contingent Fees in Medical, Dental, or Podiatric Malpractice Actions

Court Rules Cited 2. 22 NYCRR § 603.25 — Contingent Fee Schedule, First Judicial Department 3. 22 NYCRR § 691.20 — Contingent Fee Schedule, Second Judicial Department 4. New York Rules of Professional Conduct, Rule 1.5 — Fees

Helpful Resources 5. New York City Bar Association — Contingency Fees

This article provides general information and is not legal advice. Fee percentages described here reflect common practice in New York and are not a quote for any specific case. Your actual fee agreement governs the terms of your engagement. Every case is different. Contact an attorney to discuss your specific situation.