Construction work is one of the most hazardous professions, with a high potential for accidents due to the nature of the job. In New York, where construction activity is robust, accidents often lead to serious injuries or fatalities. When workers seek legal representation to recover damages, understanding attorney fees is a critical aspect of the process. This article breaks down how construction accident attorneys in New York charge for their services, helping injured workers or their families navigate the financial considerations of pursuing legal action.

Types of Fees Charged by Construction Accident Attorneys

Construction accident attorneys generally operate on a contingency fee basis, meaning they are paid only if they win your case. This arrangement is designed to make legal services accessible, particularly for individuals who may not have the financial resources to pay upfront fees.

• Contingency Fees:
  • Typically, attorneys in New York charge between 30% to 40% of the settlement or judgment amount.
  • For instance, if you win $500,000 and the attorney’s contingency fee is 33%, the lawyer would take $165,000 as their fee.
• Hourly Rates: Rarely used in construction accident cases, hourly rates are more common in corporate or advisory legal work. Attorneys charge for each hour they spend on the case, which can range from $250 to $700 per hour in New York.
• Flat Fees: In straightforward cases or for specific legal services (such as filing certain documents), attorneys may charge a one-time flat fee. However, this is uncommon in personal injury cases.

What Does the Contingency Fee Cover?

A contingency fee often includes basic legal services, such as:

• Initial case evaluation and consultation.
• Gathering evidence, such as workplace safety records and medical reports.
• Filing legal documents and managing court deadlines.
• Negotiating settlements with the opposing party or insurance companies.

However, additional costs may arise during the case that are not covered by the contingency fee. These costs, known as case expenses, include:

• Filing fees for court documents.
• Fees for expert witnesses, such as construction safety experts or medical professionals.
• Costs for depositions and transcription services.
• Travel expenses for the attorney, if applicable.

These expenses may be deducted from the final settlement amount, so it’s important to discuss them with your attorney before signing a retainer agreement.

Factors Influencing Attorney Fees in New York

Several factors can influence how much construction accident attorneys charge:

• Complexity of the Case: Cases involving severe injuries, multiple liable parties, or disputed liability often require more time and resources, which can increase the fee percentage.
• Settlement vs. Trial: If a case is resolved through settlement negotiations, the fee may be lower. Trials are lengthier and more resource-intensive, which could lead to higher fees.
• Firm Reputation and Experience: High-profile or highly experienced attorneys may charge a higher percentage due to their track record of success.

What the Law Says About Attorney Fees in New York

New York law regulates attorney fees in personal injury cases to protect clients. According to New York Judiciary Law §474-a:

• Maximum Contingency Fee: Attorneys can charge up to 33 1/3% of the net recovery in personal injury cases, including construction accident claims.
• Written Agreement Requirement: Lawyers must provide a written retainer agreement that specifies the fee arrangement and how additional costs will be handled.
• Fee Disputes: Clients have the right to dispute excessive fees. New York State provides avenues for resolving such disputes, including arbitration through the Attorney-Client Fee Dispute Resolution Program.

Benefits of the Contingency Fee Model

For injured construction workers, the contingency fee model offers several advantages:

• No Upfront Costs: Clients can access legal representation without paying out of pocket initially.
• Shared Risk: Since the attorney is paid only if the case is successful, they are motivated to achieve the best possible outcome.
• Equal Access to Justice: Contingency fees level the playing field, allowing workers to hire skilled attorneys regardless of their financial situation.

Tips for Choosing the Right Attorney

When selecting a construction accident attorney in New York, consider the following:

• Ask About Fees: Ensure the attorney provides a clear explanation of their fee structure and additional costs.
• Review Case History: Look for attorneys with experience in construction accident cases and a proven track record of winning substantial settlements or verdicts.
• Compare Retainer Agreements: Some attorneys may offer slightly different terms, so it’s worth reviewing multiple agreements before committing.

Statistics Highlighting the Need for Legal Representation

• According to the Occupational Safety and Health Administration (OSHA), 1 in 5 workplace fatalities in 2022 occurred in the construction industry.
• Common construction accident injuries include falls, being struck by objects, and equipment-related incidents. These cases often involve substantial medical bills and lost wages, making legal representation essential.
• A study from the American Bar Association indicates that clients represented by attorneys typically recover three times more compensation than those who represent themselves.

Conclusion

Construction accident attorneys in New York typically charge on a contingency fee basis, ensuring that workers can pursue compensation without bearing upfront costs. The percentage charged depends on several factors, including case complexity and the attorney’s experience. By understanding the fee structures and asking the right questions, injured workers can make informed decisions when selecting legal representation. This enables them to focus on recovery while their attorney handles the complexities of the legal process.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New York construction accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.