When you’re injured in a construction accident in New York, one of the first concerns you may have is: How much will it cost to hire a lawyer? The answer isn’t as straightforward as you might think. While many attorneys advertise “no fees unless we win,” the reality is that construction accident claims involve complex fee structures, potential case expenses, and negotiations with multiple parties—including insurance companies and large construction firms with deep pockets.
The Contingency Fee Model in New York Construction Accident Cases
New York construction accident lawyers typically work on a contingency fee basis. This means:
- You pay nothing upfront. The lawyer only gets paid if they recover compensation for you through a settlement or court verdict.
- The attorney’s fee is a percentage of your recovery. This is usually 33.3% (or one-third) of the total settlement or award. However, certain cases may have different percentage structures depending on complexity and whether a lawsuit goes to trial.
For example:
- If your case settles for $600,000, your attorney’s fee would typically be $200,000 (one-third).
- If your case goes to trial and you win $1,500,000, your lawyer would receive $500,000 as their contingency fee.
This model benefits injured workers because it allows anyone—regardless of financial status—to obtain top-tier legal representation without paying out of pocket.
Are There Any Additional Costs?
While the attorney’s contingency fee covers their legal representation, case expenses are a separate matter. These expenses are necessary to build a strong case and are usually deducted from your final compensation. Some key expenses include:
- Filing Fees – The cost of filing a lawsuit in New York courts.
- Expert Witness Fees – Construction safety experts, engineers, medical specialists, and accident reconstructionists may be needed to prove liability and damages.
- Deposition Costs – The price of transcribing depositions, which are sworn statements from witnesses and experts.
- Medical Record Retrieval Fees – Obtaining hospital records, doctor’s notes, and imaging scans to support your claim.
- Investigation Costs – Hiring private investigators or specialists to gather evidence, such as site conditions and OSHA violations.
- Court Reporter Fees – Required for legal proceedings such as pretrial hearings and depositions.
How Are These Costs Handled?
Most New York construction accident lawyers cover these expenses upfront and deduct them from your settlement or award. With that said, some law firms may require you to reimburse costs if your case is unsuccessful—this is why choosing the right attorney is critical.
Does the Contingency Fee Change If the Case Goes to Trial?
Yes, sometimes. While the standard contingency fee is 33.3%, some attorneys increase their percentage if the case proceeds to trial, due to the added complexity and time investment. This could mean:
- 33.3% if settled before trial
- 40% if the case goes to trial
Why the increase?
- Trial preparation is expensive and time-consuming. It involves expert testimony, witness cross-examinations, and extensive legal work.
- Higher risk for the attorney. If they lose the case, they receive nothing.
Always discuss contingency fee terms upfront so you understand how much will be deducted from your compensation.
Do I Pay Taxes on My Settlement After Paying My Lawyer?
Construction accident settlements typically include two main types of compensation:
- Compensatory Damages – For medical expenses, lost wages, and pain and suffering. These are usually tax-free.
- Punitive Damages – If the defendant’s conduct was egregious, punitive damages may be awarded. These are taxable.
The portion of your settlement that goes to legal fees is not tax-deductible, which means you don’t get an additional tax break for attorney fees.
Why a Higher-Priced Lawyer Might Actually Get You More Money
Many injured workers assume that hiring a lawyer with a lower contingency fee means they will walk away with more money. But in reality, a more experienced lawyer with a strong track record often secures much higher settlements, even if they charge a slightly higher percentage.
For example:
- Lawyer A charges 25% but only secures a $500,000 settlement → You receive $375,000 after fees.
- Lawyer B charges 33.3% but secures a $1,500,000 settlement → You receive $1,000,000 after fees.
Choosing the right lawyer is about results, not just the percentage they take.
Beware of “Discount” Lawyers Who Offer Lower Fees
Some attorneys try to attract clients by offering a lower contingency fee (e.g., 25%), but they typically:
- Lack trial experience. Insurance companies know they won’t take cases to court, leading to lower settlements.
- Don’t invest in thorough investigation to find evidence or expert witnesses that can provide testimony in court. This weakens your case.
- Take on too many cases at once. Your case won’t get the personal attention it requires to maximize your compensation.
A reputable New York construction accident lawyer earns their fee by maximizing your settlement—not by cutting corners.
How to Choose the Right Lawyer Based on Fees and Results
When hiring a construction accident lawyer, don’t just ask about their percentage—ask about their results. Questions to consider:
- What’s your average settlement amount for construction accident cases?
- Have you won multi-million-dollar verdicts?
- Will you advance case costs, or do I have to pay out-of-pocket?
- Do you have trial experience in case we can’t settle?
A great lawyer may charge a standard 33.3% contingency fee, but they also have the resources and courtroom reputation to secure a far higher settlement than a less experienced attorney.
Why Choose NYC Construction Accident Lawyer Daniel Minc: Construction Contractors Will Only Pay When They’re Afraid a Jury Will Make Them Pay Even More
Attorney Daniel Minc at Rosenberg, Minc, Falkoff & Wolff, LLP has achieved several multi-million-dollar verdicts and settlements for construction accident victims, including:
- $5.4 Million for a construction worker who suffered catastrophic burn injuries
- $7.5 Million for an injured construction worker who sustained permanent disabilities
When insurance companies and construction firms see Daniel Minc on the other side of the courtroom, they know they are in for a fight. They know he has a proven record of winning high-value jury verdicts—and that makes them more likely to settle for maximum compensation rather than risk a devastating jury award.
If you or a loved one has been injured in a scaffold collapse, fall from heights, trench cave-in, ladder accident, crane failure, or any other construction site disaster, you need a lawyer who strikes fear into the insurance industry and forces them to pay what you truly deserve.
Insurance Companies and Construction Contractors Only Pay When They Fear a Jury Will Punish Them
Construction companies and their insurers in New York do not willingly pay large settlements. They only offer real money when they fear a jury will punish them even more. Here’s why:
- Juries don’t have sympathy for profit-driven contractors and insurance giants. When presented with overwhelming evidence of negligence, they award massive damages to injured workers.
- Bad-faith insurance tactics can backfire in court. If an insurer unreasonably denies or delays payment, a jury may impose punitive damages.
- Jury verdicts can set legal precedents. A publicized loss could force an insurer to re-evaluate all future claims—something they desperately want to avoid.
Attorney Daniel Minc knows how to leverage this reality to your advantage. He builds each case as if it is going to trial, leaving insurance companies with only two choices:
- Settle for full value before facing a courtroom battle
- Risk a jury awarding you far more than their initial lowball offer
This strategy has resulted in life-changing settlements for countless injured New York construction workers.
Why You Need a Lawyer Who Can Build a Fear-Inducing Case
To maximize your settlement, you need an attorney who makes insurance companies and contractors fear the courtroom. That means having:
- A track record of winning high-stakes trials
- A team of top-tier medical and safety experts
- The resources to outlast corporate legal teams
- Aggressive litigation tactics that force insurers to rethink lowball offers
Daniel Minc and his team at Rosenberg, Minc, Falkoff & Wolff, LLP have what it takes to turn the tables on insurance companies. Instead of you fearing their deep pockets and legal teams, they fear what a jury will do when they see the extent of your injuries and losses.
Construction Contractors and Insurance Companies Will Move Quickly to Escape Liability—You Need to Move Faster
When a construction worker is injured, the responsible parties waste no time in protecting themselves. Here’s what typically happens:
- The construction company and its insurer immediately investigate the accident—not to help you, but to find ways to shift the blame onto you.
- Supervisors and site managers may alter reports or “lose” crucial safety records that prove negligence.
- Insurance adjusters will pressure you into a quick, lowball settlement before you’ve fully realized the extent of your injuries.
If you don’t have an aggressive lawyer on your side from day one, you risk being cheated out of the compensation you are legally entitled to.
NYC construction accident attorney Daniel Minc knows exactly how to counter these tactics. He:
- Demands and ensures immediate evidence preservation before records are destroyed or altered.
- Brings in OSHA and construction safety experts to uncover violations that prove negligence.
- Prepares every case as if it is going to trial, pressuring defendants to settle fairly.
Thorough Medical Knowledge and a Network of Experts to Prove Your Case
Construction accident cases may hinge on highly technical medical evidence. If your lawyer doesn’t fully understand traumatic brain injuries, spinal cord damage, amputation injuries, or complex fractures, they can’t effectively fight for the full extent of your damages.
Daniel Minc has extensive medical knowledge and a vast network of expert witnesses, including:
- Surgeons and orthopedic specialists who document the severity of injuries
- Occupational experts who prove how injuries will impact your ability to work
- Pain management specialists who illustrate the long-term suffering caused by construction site injuries
By presenting clear, indisputable evidence to insurance companies, Minc forces them to acknowledge the full extent of your damages—or risk an even larger payout in front of a jury.
Trial Capabilities That Level the Playing Field Against Construction Giants
Not all personal injury lawyers are true trial attorneys. Many law firms only negotiate settlements and avoid the courtroom at all costs. Insurance companies know this—and they take advantage of it by offering lowball settlements to attorneys they know will never go to trial.
Daniel Minc is different. He thrives in the courtroom.
- Insurance companies and contractors fear him because of his proven ability to win big jury verdicts.
- His trial readiness generally forces settlements that other lawyers could never negotiate.
- He prepares every case as if it is heading to trial, ensuring maximum pressure on the defendants.
With massive trial readiness, Minc turns the tables on defendants, forcing them to ask: “Do we really want to face him in front of a jury, or should we settle now?” For many insurers, the risk is too great—and they pay up.
You Don’t Have to Settle for Less – Call Our NYC Construction Accident Lawyer Today
Construction accident injuries are devastating, life-altering, and financially overwhelming. You need an attorney who can maximize your compensation—not just obtain a quick payout. Attorney Daniel Minc at Rosenberg, Minc, Falkoff & Wolff, LLP has the experience, resources, and courtroom power to ensure insurance companies and construction firms don’t get away with shortchanging you. Don’t let them dictate the value of your case. Make them fear a jury verdict.
Reach out to us today and get New York’s most feared and respected construction accident lawyer on your side. To schedule your free consultation, call us at 212-344-1000 or contact us online.
