In most New York personal injury cases, you pay nothing up front. The lawyer works on a contingency fee, usually one third of the recovery, and advances the case costs. If there is no recovery, you owe no attorney fee.
So affordability is rarely the obstacle. The better questions are what the case actually costs to build, and who carries those costs while it is pending.
What does it cost just to file a lawsuit?
Court fees are the smallest piece. Filing in New York Supreme Court costs $210 for an index number. A note of issue to place the case on the trial calendar costs $95. A jury demand adds $65, and motions cost $45 each. These figures come from CPLR § 8018 and the related fee statutes.
In a contingency case, the firm advances these fees. You never write a check to the courthouse. The fees come back out of the recovery at the end.
What is a contingency fee?
A contingency fee is a percentage of what the case recovers. For New York personal injury cases, the standard is one third of the net recovery after expenses. The percentage appears in a written retainer agreement, which is filed with the court system.
If the case recovers nothing, the attorney fee is zero. That structure lets an injured person pursue a careless driver or a negligent property owner without savings in the bank. It also puts the lawyer and the client on the same side of the ledger. The firm gets paid only if you do.
What are case expenses, and who pays them?
Expenses are separate from the attorney fee, and they usually add up to more. A seriously litigated injury case involves certified medical records, filing fees, deposition transcripts that can run several hundred dollars each, expert witnesses, and sometimes accident reconstruction. Expert fees alone can reach thousands of dollars when a case heads toward trial.
Under a contingency arrangement, the firm advances all of it and recoups it from the settlement or verdict. Your retainer agreement states whether the fee is calculated before or after expenses come out. Read that paragraph closely. Ask questions. A careful firm will show you the math before you sign.
Do I even need to sue after a car accident?
Insurance usually comes first, not a lawsuit. New York's no-fault system pays your medical bills and 80 percent of lost wages, up to $2,000 a month, within a $50,000 basic limit, regardless of fault. You must file the no-fault application within 30 days of the crash.
A lawsuit for pain and suffering is a separate step. For actions started on or after May 26, 2026, your injury must meet the serious injury threshold in Insurance Law § 5102. The current categories include fracture, significant disfigurement, and permanent or significant limitation of a body function or system. The old 90/180-day category was repealed for new actions.
Fault matters too. Under the current comparative fault rule for motor vehicle cases, CPLR § 1411 bars recovery if your share of fault exceeds the combined fault of the people you are suing. Sorting out how these rules apply to a specific crash is the first task in any car accident case.
What if someone sues me, or the crash seems minor?
Cost concerns cut in both directions. Even a low-speed collision can produce a claim, and your auto insurer generally pays for your defense. We cover that in detail in can someone sue you for a minor car accident.
Work injuries follow different rules entirely. Workers' compensation covers you regardless of fault, and safety violations can shape a separate third-party case. See can I sue for OSHA violations for how that works.
What are my deadlines?
The costs of suing are manageable. The deadlines are strict. Most New York personal injury lawsuits must start within three years under CPLR § 214. Wrongful death claims carry a two-year limit under EPTL § 5-4.1. Claims against a city, county, or public authority usually require a notice of claim within 90 days under General Municipal Law § 50-e.
A missed deadline ends even a strong case. No fee arrangement can repair that.
How Schwartzapfel Holbrook approaches case costs
Because the firm advances costs and gets paid only from a recovery, it is selective about the cases it accepts. Every case taken is prepared as if it will be tried. That means the records, experts, and testimony a jury would need to see. Insurance carriers weigh that preparation when they evaluate a claim from New York City or Long Island. Schwartzapfel Holbrook handles a focused docket of serious injury cases across the five boroughs, Nassau County, and Suffolk County, and builds each one to stand up in a courtroom.
