In New York, most personal-injury attorneys—including any experienced Dog Bite Lawyer—handle dog bite claims on a contingency fee. That means you pay no upfront fee, and the lawyer is paid a percentage of the money they recover for you. Across New York, the maximum customary contingency fee in personal-injury cases is 33⅓% (one-third) of the net recovery (net = what’s left after case expenses are deducted), under contingency fee schedules adopted by New York’s Appellate Divisions. Some firms may agree to a lower percentage, and—in limited circumstances—different rules apply (for example, medical malpractice has a separate sliding-scale cap rather than 1/3). (New York Courts)
TL;DR: For most NY dog bite claims, expect a contingency fee up to one-third of the net recovery, plus reimbursement of case expenses from the settlement; no fee if there’s no recovery. (New York Courts)
Why contingency fees dominate dog bite cases in New York
A serious bite often means ER visits, stitches, rabies prophylaxis, plastic surgery consults, time off work, and long-term scarring or trauma. Most victims can’t shoulder hourly legal bills while they’re healing. A contingency arrangement aligns incentives: your Dog Bite Lawyer only gets paid if you do. New York’s ethics rules expressly allow lawyers to advance litigation expenses—like filing fees, records, investigators, or expert reports—with repayment contingent on the outcome, and require clear written terms in contingent matters. (New York Courts, Legal Information Institute)
What “contingency fee” really means (NY version)
- No upfront fee for legal services.
- The lawyer advances allowable case expenses (if they choose), and those are reimbursed from your recovery at the end.
- The fee percentage is applied to the net recovery (after expenses), unless your written retainer clearly and lawfully says otherwise—and in New York’s First and Second Departments, the rules explicitly call for the percentage to be computed on the net sum recovered. (New York Courts)
The typical contingency percentage in New York personal injury cases
New York’s Appellate Division rules provide a contingency fee schedule and establish that a fee up to 33⅓% is presumed fair and reasonable in personal-injury and wrongful-death matters (dog bite cases fall within personal injury). Different departments have nearly identical schedules; for example, the First Department (NYC & Bronx) and Second Department (Brooklyn, Queens, Long Island & downstate counties) both allow up to one-third. The Fourth Department’s rule (covering Western NY) similarly recognizes the one-third arrangement. (New York Courts)
Bottom line: One-third of the net recovery is the standard ceiling, not a floor. Some lawyers accept 30% or use tiered percentages (e.g., a lower % if the case resolves early), but the familiar maximum you’ll see across NY personal-injury practices is 33⅓%. (New York Courts)
Important exceptions (so you aren’t misled by online “averages”)
- Medical malpractice claims in New York are not standard 1/3. They have a statutory sliding scale (starting at 30% of the first $250,000 and dropping by brackets to 10% over $1.25M). Dog bite claims are not med-mal, but if your case somehow morphs into a malpractice claim against a provider (for example, negligent treatment), a different fee cap applies to that claim. (NYCOURTS.GOV)
- Infant settlements (minors): Any settlement for a child requires court approval, and the judge must approve the attorney’s fee. Your Dog Bite Lawyer will prepare an infant compromise petition; the court scrutinizes costs, fee fairness, and how the money will be safeguarded for the child.
- Domestic relations/matrimonial and certain other matters bar contingent fees altogether; that’s not your situation, but it shows New York enforces strict fee boundaries. (Foley Griffin Attorneys at Law)
What counts as “case expenses” (and who fronts them)?
New York ethics rules allow your lawyer to advance case expenses and recover them from the outcome; the written retainer must explain which expenses will be deducted and when they’re deducted (before or after fee calculation, subject to local court rules). Common dog bite case expenses include: (New York Courts, Legal Information Institute)
- Court filing and service fees
- Postage, copies, courier, certified records
- Medical records & bills (providers charge for records)
- Investigator time (locating witnesses, canvassing scene, photos, surveillance)
- Experts: plastic surgeons (scarring), infectious-disease (rabies protocols), vocational and economic experts (lost earnings), dog behaviorists (where appropriate)
- Depositions and transcript costs
- Mediation fees (if used)
In New York’s First Department (and similarly in the Second), the fee is calculated on the net sum recovered after deducting these expenses—meaning the percentage is applied after expenses come out. This is explicitly reflected in 22 NYCRR §603.7(e)(3). Always read your retainer to see how your firm handles expenses and the sequence of deductions.
Sample cost breakdowns (plain-English math)
These are purely illustrative to show how net-of-expenses math works in New York—your numbers will vary based on liability, injuries, and insurance.
Example A: Early settlement (no lawsuit filed)
- Settlement: $120,000
- Case expenses advanced by the firm: $2,000 (records, investigator, photos)
- Net after expenses: $118,000
- Attorney fee at 33⅓% of net: $39,333
- Client receives: $78,667
Under First/Second Department rules, the one-third applies to the net sum.
Example B: Litigation and expert workup
- Settlement: $300,000
- Expenses: $12,500 (filing, depositions, transcripts, two experts, mediation)
- Net after expenses: $287,500
- Fee at 33⅓% of net: $95,833
- Client receives: $191,667
Example C: Child victim (court approval required)
- Settlement for minor: $250,000
- Court reviews the fee and expenses for reasonableness and issues an infant compromise order. The judge may approve a fee up to the standard schedule—or adjust it—and will direct how funds are safeguarded (e.g., structured settlement or restricted account).
When might a Dog Bite Lawyer charge hourly or a hybrid?
Contingency is the norm. But hourly or flat-fee arrangements occasionally appear in specialized contexts (e.g., insurance coverage disputes separate from the injury claim, or consulting on liability before a full engagement). New York ethics opinions permit fixed fees as long as they’re reasonable and clearly defined; non-refundable fees are prohibited. Still, in bite cases, hourly is uncommon because contingency aligns risks and keeps representation accessible. (New York State Bar Association – NYSBA)
How New York rules protect you (transparency, fairness, and disputes)
1) Written terms you can understand
New York requires that in contingent fee matters, the lawyer promptly provides a written statement explaining the percentage(s), which expenses will be deducted, and whether expenses are deducted before or after the fee (subject to court rules). At the end, you must receive a written closing statement showing the outcome, the amounts deducted, and your net. (Legal Information Institute)
2) Fee schedules that cap percentages
The Appellate Divisions’ rules set the maximum contingent fee (generally up to 33⅓%) in personal injury and wrongful death cases and specify net-recovery computation. This gives you a clear ceiling to benchmark any proposal you receive. (New York Courts)
3) A statewide Fee Dispute Resolution Program (Part 137)
If you and your lawyer ever disagree about the fee, New York offers an arbitration program for fee disputes generally between $1,000 and $50,000 (with some exceptions and the option to consent outside that range). This is designed to be quicker and less formal than court. (NYCOURTS.GOV, Legal Information Institute)
Factors that influence what you’ll ultimately pay (or keep)
Even with the same percentage, your net can differ case to case because of:
- Liability clarity
New York dog bite law often centers on the animal’s “vicious propensities” and the owner’s knowledge—though medical/vet costs have statutory nuances. Where liability facts are strong (prior bites, lunging, muzzle orders, documented aggression), cases may resolve with fewer expenses and earlier, increasing your net. Where liability is contested, more investigation or experts may be needed—raising expenses. (Note: liability rules in NY are complex and case-specific; this article focuses on fees rather than liability standards.) - Injury severity & medical trajectory
Scarring (especially facial), nerve damage, infection, PTSD, and future care drive value—and sometimes the need for experts (plastic surgery, psychology), increasing expenses but also supporting a higher recovery. - Insurance coverage
Dog bites are often paid by homeowners’ or renters’ insurance. Policy limits, exclusions (certain breeds or prior notice), and umbrella policies can affect settlement posture and litigation length (and thus expenses). - Litigation posture
Filing suit, motion practice, and depositions add transcript, court, and expert costs. Mediation can help settle sooner, but mediators charge fees. - Liens & reimbursements
Your recovery may have to satisfy healthcare liens or Medicare conditional payments. New York’s General Obligations Law §5-335 limits certain insurer subrogation rights against personal-injury settlements, but federal Medicare claims are an exception and must be resolved. Your lawyer should address liens early so your net isn’t surprised at the end. (New York Courts)
How to compare fee offers from different New York Dog Bite Lawyers (smart checklist)
1) Percentage and when it applies.
Is the fee 33⅓% at all stages, or lower if the case settles pre-suit? Is there a higher rate if trial or appeal is required? All stages must be spelled out in writing per Rule 1.5. (Legal Information Institute)
2) Net vs. gross.
In the First and Second Departments, the fee is taken from the net after expenses by rule. Confirm your lawyer follows the local rule in your department and that the retainer explains the math clearly.
3) Who fronts expenses?
Most reputable firms advance allowable expenses; you repay them from the recovery under Rule 1.8(e). Ask how the firm budgets experts—especially on scarring and future care—and whether they’ll seek your approval before large outlays. (New York Courts)
4) Communication & transparency.
Ask for a sample closing statement (with redactions) so you can see how settlements are itemized in New York. You’re entitled to a clear, written breakdown at the end. (Legal Information Institute)
5) Experience with dog bite litigation
Not all PI cases are alike. A seasoned Dog Bite Lawyer will know how to document scarring progression, evaluate infection risk, and marshal evidence of prior incidents or municipal complaints—often resolving cases more efficiently (and with fewer wasted expenses).
6) Court approval if a child is involved
If the victim is a minor, confirm the firm’s experience with infant compromise petitions in your county so the fee and structure are approved correctly.
7) What happens if you disagree about the bill?
Confirm the firm participates in Part 137 fee arbitration (most do). It’s there for you if issues arise. (NYCOURTS.GOV)
Timing can affect your net (and fee mechanics)
New York’s general statute of limitations for negligence-based personal-injury claims is three years from the date of injury (dog bite), with separate timing rules for municipal defendants (notice of claim) and for minors (tolling). Late claims usually require more intensive lawyering, motion practice, or even threshold fights—potentially increasing expenses. Don’t wait to consult counsel. (NYCOURTS.GOV)
Negotiating your retainer like a pro (and staying compliant)
You can—and should—ask questions before you sign:
- “Is your fee one-third at all stages, or do you use a reduced rate for pre-suit settlements?”
- “Please confirm the fee will be calculated on the net recovery after case expenses.” (In NYC and many downstate counties, that’s the rule.)
- “Who pays for experts up front, and do you get my OK before big expenses?” (New York Courts)
- “If my child was injured, who handles the infant compromise and how are fees approved?”
- “If we have a fee disagreement, can we use the Part 137 arbitration program?” (NYCOURTS.GOV)
A strong Dog Bite Lawyer will welcome these questions and show you a transparent, rule-compliant path forward.
Practical tips to lower your case expenses (and keep more of your recovery)
- Bring organized medical records and photos from the start. The more complete your initial file, the fewer duplicative records requests and investigator hours are needed.
- Document scarring over time (consistent lighting, ruler for scale). Good documentation may reduce the need for extra site visits or supplemental expert photography.
- Share prior bite or complaint information (if known). If the dog had prior incidents, early proof can move negotiations forward faster.
- Be responsive to your lawyer’s requests. Delays can trigger extra motions, missed witness windows, or cancelled deposits—each with cost consequences.
- Discuss mediation timing. Sometimes a well-timed mediation avoids a costly expert phase; other times, you need that expert report first. Strategy saves money.
The value of “no upfront cost” the right way
“No fee unless we win” is not just a slogan in New York—it’s baked into permissible contingency-fee practice under Rule 1.5 and Rule 1.8(e): lawyers may advance case costs, provide clear written terms, and deliver a closing statement that accounts for every dollar. That structure lets you choose a Dog Bite Lawyer based on expertise and results, not your wallet on day one. (New York Courts, Legal Information Institute)
Frequently Asked Questions (FAQ)
1) How much does a New York Dog Bite Lawyer usually charge?
Most work on a contingency fee up to 33⅓% of the net recovery, plus reimbursement of case expenses from the settlement. Some firms may agree to lower percentages in early resolution. Medical-malpractice claims (not typical for dog bites) follow a statutory sliding scale instead of 1/3. (New York Courts, NYCOURTS.GOV)
2) Do I pay anything upfront?
Generally no. In New York, lawyers can advance case expenses and be repaid from the outcome. Your retainer must explain expenses and when they’re deducted. (New York Courts, Legal Information Institute)
3) Is the percentage taken from the gross settlement or the net after expenses?
In New York’s First and Second Departments, the contingency percentage is computed on the net sum recovered after deducting expenses as defined by the rules. Always confirm in your written retainer.
4) What’s the difference between personal injury and medical malpractice fees?
Personal injury (typical dog bite) commonly uses up to 33⅓% contingency. Medical malpractice has a sliding cap by statute (30% of the first $250k to 10% above $1.25M). (NYCOURTS.GOV)
5) Who pays for experts like plastic surgeons or dog behaviorists?
Your lawyer will usually advance these costs and recover them from your settlement if you win. You’ll see all expenses itemized on the closing statement. (New York Courts, Legal Information Institute)
6) What if my child was bitten?
Settlements for minors require court approval (infant compromise). The judge approves the attorney’s fee and how funds are protected for the child’s benefit. Experienced firms handle this routinely.
7) Can I dispute a fee if I think it’s too high?
Yes. New York operates a Fee Dispute Resolution Program (Part 137) with arbitration for qualifying fee disputes (generally $1,000–$50,000 with exceptions). (NYCOURTS.GOV, Legal Information Institute)
8) How long do I have to hire a lawyer after a dog bite?
New York’s general statute of limitations for personal injury is three years from the incident. Claims against municipalities require earlier notice of claim. Consult early so your lawyer can preserve evidence and avoid rush-costs. (NYCOURTS.GOV)
9) Can a lawyer charge more than one-third in a dog bite case?
The Appellate Division schedules cap personal-injury contingency fees at 33⅓% (with procedures for court approval in exceptional situations). If you see a proposal above that, ask for the rule basis and, if necessary, shop around. (New York Courts)
10) Are there other costs that reduce my net recovery?
Possibly. Healthcare liens (including Medicare) or reimbursement claims may need to be resolved from the settlement. NY’s GOL §5-335 restricts certain private insurer subrogation against settlements, but federal Medicare rules still apply. (New York Courts)
New York references and consumer-protection sources (for trust & clarity)
- Contingency fee schedules (personal injury/wrongful death):
First Dept., 22 NYCRR §603.7(e) (Cornell Law Institute). (New York Courts)
Second Dept., 22 NYCRR §691.20(e) (Cornell Law Institute). (New York Courts)
Fourth Dept., 22 NYCRR §1015.15 (NYS Courts PDF). - Net-of-expenses computation & written disclosures:
Rule 1.5 (Fees) & contingency-matter writing/closing-statement requirements; Rule 1.8(e) (advancing costs). (Legal Information Institute, New York Courts) - Medical malpractice fee cap (not typical for dog bites):
Judiciary Law §474-a sliding scale. (NYCOURTS.GOV) - Infant (minor) settlements:
Court approval required for fee and distribution (Infant Compromise). - Fee Dispute Resolution Program:
Part 137 (NY Courts)—arbitration generally for disputes $1,000–$50,000. (NYCOURTS.GOV, Legal Information Institute) - Subrogation limits in PI settlements:
GOL §5-335 (limits certain reimbursement claims; Medicare is an exception). (New York Courts) - Statute of limitations (general personal injury):
CPLR §214(5) (three-year limit). (NYCOURTS.GOV)
Final takeaway
In New York, hiring a Dog Bite Lawyer typically won’t cost you anything upfront. Expect a contingency fee up to 33⅓% of the net recovery, plus reimbursement of case expenses advanced by the firm. The exact dollars you keep will depend on your injuries, evidence strength, insurance limits, litigation steps, and any liens. Protect yourself by (1) getting a clear written retainer that follows New York’s rules, (2) confirming the net-of-expenses percentage calculation, and (3) choosing a lawyer with a proven dog-bite track record and transparent reporting. If questions arise, New York’s Part 137 fee arbitration program is there for you.
If you’d like, I can tailor this guide into a landing page with conversion-ready headings and internal links to your related articles (e.g., “Best Time to Call a Philadelphia Dog Bite Lawyer,” “NY Dog Bite Laws,” “How to Document Scarring”), and include a calculator widget that demonstrates net-of-expenses outcomes under different settlement scenarios.