An initial consultation with medical malpractice lawyers in the State of New York is generally conducted without a fee. Investigation of the matter after the initial consultation is conducted without hourly charge. A lawyer in medical negligence generally works on the basis of a contingency fee. A contingency fee is authorized by law and has long been recognized as a fundamental way to provide access to the judicial system.
Very few persons have the financial strength to pay hourly fees for legal representation and medical malpractice. Hospitals themselves have great financial resources to fight a patient’s meritorious claim, making the patient’s exercise of his or her rights very costly. Experienced law firms in medical malpractice/negligence have the financial strength to fight the insurance and medical industries resistance. Instead of a up front fee, the attorney will be paid a percentage of the recovery. In the State of New York that percentage of recovery is 30% of the first $250,000 recovered, 25% of the next $250,000 recovered, 20% of the next $500,000 recovered, 15% of the next $250,000 recovered and 10% of any amounts recovered in excess of $1,250,000.