Updated: June 28, 2026 · 11 min read
A no win, no fee agreement is also called a contingency fee. It means you pay no attorney fees unless your lawyer wins or settles your case. In New York, the standard fee is one-third (33%) of your recovery, taken at the end. If you lose, you owe nothing in legal fees.
If you have been injured and worry you cannot afford a lawyer, the contingency fee model is the reason that worry is usually misplaced. It is the standard way personal injury cases are paid for in New York. It exists so that an injured person does not need money in the bank to hire an experienced lawyer. At The Orlow Firm, every personal injury case we have taken in more than 40 years of practice has been handled this way.
Below, we break down what "no win, no fee" really means. We cover how New York law sets the fee percentages and what costs you might still face. We also explain what to look for in the written agreement before you sign.
What Does 'No Win, No Fee' Mean?
"No win, no fee" is the everyday name for a contingency fee agreement. Under this arrangement, the attorney's payment is contingent. That means it depends entirely on the outcome of your case. You pay nothing upfront to begin. If the case is unsuccessful, you owe no attorney fees at all. The lawyer is paid only if you recover money through a settlement or verdict. The fee then comes out of that recovery as an agreed-upon percentage.
This is very different from hourly billing, where a client pays for each hour of work no matter the result. Hourly billing is rare in personal injury law, and for good reason. Most people recovering from a serious injury cannot afford to write a check for legal fees every month. They are already facing medical bills and lost income.
The contingency model removes that barrier. It also lines up everyone's interests. Because the attorney only gets paid when you get paid, the firm is motivated to pursue the strongest possible result. There is no reason to drag a case out by the hour. The goal is a fair and full recovery for you.
What's in this video?
Attorney Steven Orlow explains the contingency fee model at The Orlow Firm. He covers what 'no win, no fee' means in practice, how the fee is calculated as a percentage of your recovery, and why you owe nothing upfront. A direct answer to the most common cost question injured clients ask.
One distinction matters early on. Attorney fees are separate from court costs and disbursements. Disbursements are things like filing fees, expert witnesses, and medical records. We cover how those work in a later section, because they are the part of the arrangement most people misunderstand.
How Much Does a No Win No Fee Lawyer Take in New York?
New York does not leave contingency fees to chance. The percentage an attorney can charge in a personal injury case is set by court rule, and the written agreement must follow it. There are two permitted structures. The rules for New York City cases come from the Appellate Division, First Department under 22 NYCRR § 603.25.
Standard personal injury cases include car accidents, construction accidents, and slip and falls. An attorney may choose between two schedules.
Schedule B (the one most clients see): A percentage not exceeding one-third (33%) of the total recovery. This is the simplest structure. It is the rate most New Yorkers find in their retainer agreement.
Schedule A (a sliding scale, used less often):
- 50% on the first $1,000 recovered
- 40% on the next $2,000
- 35% on the next $22,000
- 25% on any amount over $25,000
The fee can be figured on the gross recovery or on the net sum left after litigation expenses are taken out. Which one applies depends on how your retainer is written. This is one of the most important things to clarify before you sign. It directly affects the dollar amount you take home.
Medical, dental, and podiatric malpractice cases follow a different and lower sliding scale. It is set by New York Judiciary Law § 474-a. The reduced rates are meant to keep legal help affordable in malpractice claims:
- 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 over $1,250,000
The takeaway is simple. In a typical New York personal injury case, expect a fee of up to one-third. The med-mal scale is a separate rule, so do not confuse it with the standard rate. If you are ever unsure which schedule applies, your attorney is required to explain it.
Are There Any Costs If I Lose My Case?
This is the question people are most afraid to ask, so we will answer it directly. If you lose, you owe zero attorney fees. The contingency fee only applies when there is a recovery. No recovery means no fee.
The honest nuance is in litigation costs, often called disbursements. These are the out-of-pocket expenses of building a case. They include expert witness fees, court filing fees, the cost of getting medical records, deposition transcripts, and investigator fees. During the case, the firm usually advances these costs. That means the client is not paying them out of pocket as the case moves forward.
What happens to those advanced costs if the case is lost depends on the retainer agreement. New York requires the written retainer to state clearly how expenses will be handled. That is exactly why reading that section matters. (NYC Bar Association — Contingency Fees) Some agreements say the client repays advanced costs even if the case is lost. Others do not.
In practice, many established personal injury firms treat unrecovered costs on lost cases as part of doing business and do not pursue clients for them. But "many firms" is not "every firm." The only way to know your situation is to ask before you sign. At The Orlow Firm, we encourage clients to read the expense section of the retainer closely and to ask us directly how disbursements are handled in their case.
What Should Be in My Contingency Fee Agreement?
In New York, a contingency fee agreement must be in writing. That requirement protects the client. It forces the terms into plain view before you commit. (22 NYCRR § 603.25; NYC Bar Association) Before signing, make sure you understand the following terms.
First, the fee percentage itself. Is it the flat Schedule B one-third, or the Schedule A sliding scale? And just as important, is the percentage figured on the gross recovery or the net amount after expenses?
Second, how litigation expenses are handled. Find out whether the firm advances them, whether they come out of your recovery, and whether you owe them back if the case does not succeed.
Third, whether the percentage changes if the case goes to trial instead of settling beforehand. Some agreements set a higher fee for a case that has to be tried.
Fourth, your right to discharge the attorney. A client can change lawyers. A discharged attorney may still be owed payment for the work already done. Lawyers call this a quantum meruit claim.
The single most important rule here is simple. Never enter a personal injury arrangement on a verbal-only handshake. New York law requires the agreement in writing, and a written retainer is your protection.
Common Misconceptions About No Win No Fee Agreements
A few stubborn myths cause injured people to hesitate when they should not.
"No upfront cost means no cost at all." Not quite. The no-fee promise covers attorney fees. Disbursements like court filings, experts, and records are a separate category. How they are handled depends on your retainer. This is why the expense section deserves a careful read rather than a skim.
"Any lawyer will take any case." Not under a contingency model. Because the firm only gets paid if the case succeeds, attorneys check each case for merit before accepting it. Your case will be reviewed at the initial consultation. That review is actually a good sign. It means a firm that takes your case believes in it.
"Lawyers working on contingency do less." The opposite is true. When the fee depends on the outcome, the attorney has a direct stake in maximizing your recovery. There is no billing for busywork, because there is no hourly bill. The lawyer's interests and yours point in the same direction.
No Win No Fee and Access to Justice in New York City
The contingency fee is not just a billing method. It is the mechanism that makes the civil justice system available to ordinary people. After a serious injury, the financial pressure arrives fast. There are medical bills, lost wages, and insurance adjusters calling within days. Almost no one in that position has spare money to fund a lawsuit by the hour.
Without contingency fees, experienced personal injury litigation would be a service only the wealthy could buy. New York's rules exist to stop that. Court-set fee schedules and the written-retainer requirement keep the arrangement fair and the door open. Working families, immigrants, and Spanish-speaking New Yorkers often benefit from this model the most. They are also the people who most often assume, wrongly, that legal help is out of reach.
What's in this video?
An overview of why injured New Yorkers choose The Orlow Firm. Covers the firm's 40+ year track record in personal injury cases, the contingency fee commitment (no fee unless you win), multilingual support, and the free initial consultation. Useful context for clients weighing their choice of attorney.
One caveat is worth flagging. Workers' compensation claims do not follow the contingency schedules described above. Workers' comp fees are set and approved by the New York Workers' Compensation Board under a different system. If your situation involves a workplace injury, that is a separate framework. It is a question worth raising during a consultation.
Frequently Asked Questions
What is the difference between no win no fee and a contingency fee?
There is no difference. They are two names for the same thing. "No win, no fee" is the plain-English description, and "contingency fee" is the formal legal term. Both mean the attorney's fee depends on a successful recovery. You owe no legal fee if the case does not succeed.
Is no win no fee the same as a free lawyer?
No. A no win, no fee lawyer is not free. The lawyer is paid a percentage of your recovery if the case succeeds. What is free is the financial risk at the start. There are no upfront attorney fees, and no attorney fee at all if you do not recover. The fee is earned only out of money the lawyer obtains for you.
Can I fire my no win no fee lawyer?
Yes. A client can discharge an attorney at any time. The former attorney may still be owed payment for work already done, calculated on a quantum meruit basis. That payment can come out of any eventual recovery. The specifics depend on your agreement and the circumstances of the change.
What types of cases qualify for no win no fee in NYC?
Most personal injury claims are handled on contingency. This includes car accidents, construction accidents, slip and falls, premises liability, and wrongful death. Medical malpractice cases also use contingency fees, but under a separate, lower sliding scale. Whether a particular case is accepted depends on its merits, which an attorney reviews during a free consultation.
Sources & Official Resources
New York Laws Cited
- 22 NYCRR § 603.25 — Contingency Fees, Appellate Division First Department
- NY Judiciary Law § 474-a — Medical Malpractice Contingency Fee Schedule
- Workers' Compensation Law § 24 — Attorney Fee Approval by WCB
Official Resources 4. NYC Bar Association — Contingency Fees Explained 5. NYS Workers' Compensation Board — Attorney Fees
Contact The Orlow Firm
Have you been injured but held off on calling a lawyer because you are worried about cost? That worry is exactly what the no win, no fee model is built to remove. You now understand how it works, and the next step costs nothing.
The Orlow Firm has represented injured New Yorkers on contingency for more than 40 years. You pay nothing upfront, and you owe no attorney fee unless we win or settle your case.
Call (646) 647-3398 for a free, no-obligation consultation. We have four NYC offices and can come to you if you are unable to travel to us.
This article provides general information and is not legal advice. Every case is different. Contact an attorney to discuss your specific situation.
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