Legal Question in Medical Malpractice in New York

medical malpractice fees/awards

I know that, in N.Y., if a case is settled, the lawyer will get 1/3rd and the plaintiff gets 2/3rds. If I feel I have a case and speak to a lawyer, can I make the offer of 50/50?


Asked on 9/26/07, 4:00 pm

1 Answer from Attorneys
Jason A. Richman Jason A. Richman, Esq.

Not if it is a medical malpractice case

In New York, the fee structure for medical malpractice cases is set by statute and not negotiable. It is as follows.

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;

10% of any amount over $1,250,000 recovered.

If you have further questions please feel free to call or write.

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Answered on 9/27/07, 8:27 am


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