Our Fee Structure

In New York State, fees are regulated by statutes and court rules to ensure that clients are not exploited by the occasional unscrupulous attorney. In the area of personal injury law, fees are usually based on a percentage of the net recovery, after the expenses of prosecuting the claim are deducted. The fee is usually one third (33-1/3%) of the net, but is less in medical malpractice cases, which are based on a sliding scale ranging downward from 30% to 10%, based on the size of the award.

The net recovery is what is left after expenses (also called disbursements) directly related to your representation. Examples of these are court filing fees, process serving, obtaining copies of medical records, subpoenae, and the costs of consulting with experts. In addition, if the case goes to trial, there are additional expenses, the largest of which are the hourly charges of expert witnesses. For different kinds of cases, there may be other types of expense.

After the disbursements are deducted, you receive two-thirds of the net, and Mr. Miller collects a fee of one-third (except in medical malpractice cases). You should be aware, however, that sometimes there are liens or insurance subrogation rights against your share of the net. Examples of this are where your health insurer has paid your bills, and has a right to be reimbursed; where your workers compensation or disability carrier has paid lost wages and/or medical treatment expenses; or where Medicare or Medicaid has stepped in. Mr. Miller has extensive experience in this area, and is often successful in negotiating a reduction of your repayment. In other cases, he fights to recover additional awards from the negligent party for lost income or medical expense on behalf of the lien holder. When you retain him, any foreseeable lien or subrogation issues will be explained before you sign the representation agreement.

The court rules and Canons of Ethics do not permit a personal injury lawyer to agree in advance to absorb losses arising from a failure to recover against the other party. When you sign a retainer agreement, it must be understood that litigation or claims-related expenses are the ultimate responsibility of the client. Even if the lawyer advances money to pay expenses, the client is deemed by the courts to be responsible for their eventual payment in the event of loss. Because of these rules, particular care must be taken by your attorney to properly evaluate the merits of your case.

Many people think that a different percentage should apply where the lawyer does less work. While this seems fair on the surface, it should be borne in mind that it is often the skill and reputation of the attorney which gets to the bottom line with insurance companies. The traditional one-third contingency fee allows attorneys like Mr. Miller to represent clients who otherwise could not afford to pay on an hourly basis, and to take cases where a good result is likely, but not guaranteed. Most trial lawyers take the good with the bad, and assume higher risks of losing than "personal injury mills" which only want the sure bets with big payoffs. Smaller cases often take as much work as those with huge verdict potential. The contingency fee system allows Mr. Miller to represent deserving clients with lesser injuries.

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