Bill > S06269

This bill updates the rules for contingent fees (payment arrangements where lawyers receive a percentage of the monetary recovery) in medical, dental, and podiatric malpractice cases, making several key changes to existing law. The bill increases the percentage attorneys can charge at different recovery levels, raising the first tier from 30% to 33.33% of the first $500,000 (up from $250,000), and adjusting subsequent tiers accordingly. It also modifies the process for attorneys seeking enhanced fees by allowing them to apply for greater compensation based on factors like superior performance and case complexity, without requiring them to submit detailed hours worked. Additionally, the bill introduces a new provision that permits plaintiffs to voluntarily waive the percentage limitations in their retainer agreements, though capping the maximum attorney fee at 33.33% of the total recovery. The changes aim to provide more flexibility for attorneys while maintaining some constraints on fee structures in medical malpractice cases, with the goal of balancing fair compensation for legal services with protecting the interests of plaintiffs seeking damages for medical negligence.

Justice

https://www.nysenate.gov/legislation/bills/2025/S6269