Are you wondering how much do construction accident lawyers make? Before we dive into the details, here’s a quick look at how construction accident lawyers are paid compared to other types of attorneys. Spoiler: you don’t need to worry about hourly rates or upfront fees.
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ToggleHow Construction Accident Lawyers Get Paid vs. Other Attorneys
Type of Lawyer | Payment Model | When You Pay |
---|---|---|
Divorce or Family Lawyer | Hourly rate ($250–$500/hr) | As services are performed |
Business/Corporate Lawyer | Hourly or flat rate | Upfront or billed monthly |
Criminal Defense Lawyer | Flat fee or hourly | Often upfront or in installments |
Real Estate Attorney | Flat fee or hourly | At closing or by contract |
Construction Accident Lawyer | Contingency fee (usually ~⅓) | Only if you win your case |
After a construction accident, you’re already dealing with enough—medical bills, lost wages, and uncertainty about your future. The last thing you need is the fear that hiring a lawyer will cost you even more. It’s a common concern: How much do construction accident lawyers make? Can I even afford one?
The good news is, unlike other types of attorneys, construction accident lawyers typically work on a contingency fee basis. That means you pay nothing upfront and only pay legal fees if they win your case. This system is designed to give injured workers access to legal representation regardless of their financial situation.
In this post, our New York Construction Accident Lawyers will explain exactly how construction accident lawyers get paid, why that matters to you, and why trying to handle your claim alone could end up costing you far more than hiring an attorney.
How Construction Accident Lawyers Get Paid (Contingency Fees Explained)
Unlike many other types of lawyers who charge by the hour or require large retainers upfront, construction accident lawyers typically work on a contingency fee basis. This means their payment is entirely dependent on the outcome of your case—they only get paid if you get paid.
Here’s how it works:
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You pay nothing upfront to hire the lawyer.
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The lawyer covers the costs of investigating, building, and filing your case.
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If they win a settlement or verdict for you, they receive a percentage—usually around one-third (33.3%)—of the total amount.
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If they don’t win your case, you owe them nothing.
This arrangement ensures your lawyer is fully invested in getting you the best possible outcome—because their pay depends on it. It also means anyone can afford legal help, regardless of income or financial hardship after an accident.
What “No Fee Unless We Win” Actually Means
You’ve probably heard the phrase before—“no fee unless we win”—but what does it actually mean in practice?
It means exactly what it says: if your lawyer doesn’t recover money for you, you don’t pay any legal fees. That includes:
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No consultation fees
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No hourly billing
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No charges for filing paperwork, gathering evidence, or negotiating with insurers
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No surprise invoices down the road
If your case is successful—either through a settlement or a trial verdict—your lawyer’s fee is taken as a percentage of the total recovery, not out of your pocket directly. This creates a win-win structure: your lawyer only benefits if you do.
It also means that your lawyer takes on all the financial risk, so they won’t waste your time if they don’t think you have a strong case. And if they do take your case, you can be confident they’ll fight hard to win it.
Can You Really Get the Same Settlement Without a Lawyer?
It’s tempting to think you can handle a construction accident claim on your own—especially if the insurance company seems friendly or offers a quick settlement. But here’s the truth: insurance companies are not on your side. Their goal is to pay you as little as possible, and they have entire teams of adjusters and attorneys working toward that goal.
Without a lawyer, you may:
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Miss out on compensation for future medical costs, lost earning capacity, or pain and suffering.
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Accept a lowball offer because you don’t know what your claim is truly worth.
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Say the wrong thing in a recorded statement that can be used against you.
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Overlook third-party liability, such as a subcontractor or equipment manufacturer who may also be responsible for your injuries.
In contrast, a construction accident lawyer knows how to build a strong case, negotiate aggressively, and hold the right parties accountable. And because they only get paid if you win, they’re motivated to maximize your recovery—not settle for the first offer.
How Much More Can a Lawyer Actually Win for You?
While every case is different, studies consistently show that injury victims who hire a lawyer recover significantly more than those who go it alone. In some cases, the difference can be two to three times more—even after attorney fees are deducted.
Why? Because experienced construction accident lawyers:
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Understand the full value of your claim, including medical bills, lost wages, future treatment, disability, and pain and suffering.
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Know how to negotiate with insurance companies that routinely try to underpay unrepresented individuals.
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Identify all liable parties, including third-party contractors, property owners, or equipment manufacturers who may be responsible.
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Prepare your case for trial, which often pressures insurers to offer a fairer settlement.
The bottom line? Hiring a lawyer usually means walking away with more money in your pocket, not less—even after fees.
What a Lawyer Does Behind the Scenes
When you’re recovering from a construction accident, the last thing you need is to deal with paperwork, insurance calls, and legal red tape. That’s where a good lawyer makes a huge difference—not just in the courtroom, but behind the scenes.
Here’s what a construction accident lawyer typically does for you:
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Investigates the accident thoroughly by collecting evidence, reviewing site safety records, and interviewing witnesses.
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Works with medical experts to understand the full extent of your injuries and future care needs.
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Identifies all responsible parties, which may include employers, contractors, equipment manufacturers, or property owners.
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Handles all communication with insurance companies so you don’t have to worry about saying the wrong thing.
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Prepares all legal filings and ensures deadlines are met.
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Negotiates aggressively to get you the highest possible settlement.
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Takes your case to trial if necessary—and is fully prepared to win.
You may only see a few phone calls or meetings, but behind the scenes, your lawyer is doing months of work to build a case designed to maximize your compensation.
The Bottom Line: Can You Afford Not to Hire One?
If you’re still on the fence about hiring a construction accident lawyer, ask yourself this: What do you stand to lose by going it alone? Insurance companies have legal teams working to protect their bottom line—you should have someone fighting just as hard for yours.
Hiring a construction accident lawyer:
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Costs you nothing upfront
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Only costs you money if they win your case
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Usually results in a significantly higher payout
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Takes the stress and guesswork off your plate
So while some people worry about what a lawyer makes, the real question is—can you afford not to have one when so much is at stake?
Sources:
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American Bar Association (ABA) – Understanding Legal Fees
https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/lawyerfees/ -
New York State Unified Court System – Legal Help & Resources
https://www.nycourts.gov/courthelp/ -
Nolo Legal Encyclopedia – How Contingency Fees Work
https://www.nolo.com/legal-encyclopedia/what-a-contingency-fee.html -
National Safety Council (NSC) – Workplace Injury Statistics
https://www.nsc.org/workplace/safety-topics/workplace-injuries -
Bureau of Labor Statistics (BLS) – Occupational Outlook for Lawyers
https://www.bls.gov/ooh/legal/lawyers.htm
Get the Legal Help You Deserve—Without Paying Upfront
At The Orlow Firm, we understand how overwhelming life can feel after a construction accident. That’s why we make it as easy as possible to get the legal help you need. You don’t pay anything unless we win. No hourly rates. No upfront costs. No risk.
Our team of experienced New York construction accident lawyers will fight to get you the compensation you deserve—so you can focus on healing, not legal bills.
Call us today at (646) 647-3398 or fill out our online form for a free, no-obligation consultation. Let us deal with the insurance companies while you focus on getting better.