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Assembly Bill A1232

2009-2010 Legislative Session

Relates to contingent fees for attorneys in claims or actions for personal injury

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2009-A1232 (ACTIVE) - Details

Law Section:
Judiciary Law
Laws Affected:
Amd ยง474-a, Judy L

2009-A1232 (ACTIVE) - Summary

Allows contingent fees for attorneys in claims or actions for personal injury, including death, similar to those allowed in malpractice suits.

2009-A1232 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1232

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the judiciary law, in relation to  contingent  fees  for
  attorneys in claims or actions for personal injury

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The section heading and subdivisions 1, 2 and 5 of  section
474-a  of  the  judiciary  law, as amended by chapter 485 of the laws of
1986, are amended to read as follows:
  Contingent fees for attorneys in claims or actions for medical, dental
or podiatric malpractice, OR FOR PERSONAL INJURY,  INCLUDING  DEATH.  1.
For  the  purpose  of this section, the term "contingent fee" shall mean
any attorney's fee in any claim or action for medical, dental or  podia-
tric  malpractice,  OR  FOR  PERSONAL  INJURY,  INCLUDING DEATH, whether
determined by judgment or settlement, which is dependent in whole or  in
part  upon  the success of the prosecution by the attorney of such claim
or action, or which is to consist of a percentage of any recovery, or  a
sum equal to a percentage of any recovery, in such claim or action.
  2. Notwithstanding any inconsistent judicial rule, a contingent fee in
a  medical,  dental  or  podiatric  malpractice action, OR AN ACTION FOR
PERSONAL INJURY, INCLUDING DEATH, shall not exceed the amount of compen-
sation provided for in the following schedule:

     30 percent of the first $250,000 of the sum recovered;
     25 percent of the next $250,000 of the sum recovered;
     20 percent of the next $500,000 of the sum recovered;
     15 percent of the next $250,000 of the sum recovered;
     10 percent of any amount over $1,250,000 of the sum recovered.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01780-01-9

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