When you suffer from medical malpractice, the last thing you want to worry about is how to afford an attorney to help you seek justice. Fortunately, most medical malpractice attorneys work on a contingency fee basis, meaning they are only paid if they win your case. Understanding how medical malpractice attorney fees work can help you make informed decisions about hiring legal representation.
This article will break down what contingency fees are, how they are structured, and what other costs you may encounter during your medical malpractice lawsuit.
What is a Contingency Fee?
A contingency fee is a payment arrangement where the attorney’s fees are only paid if the attorney successfully wins your case. The fee is typically a percentage of the financial compensation you receive, either through a settlement or a court verdict. This allows you to pursue your case without having to pay upfront fees or hourly rates, which can be costly, especially in complex cases like medical malpractice.
How Do Contingency Fees Work in Medical Malpractice Cases?
In a medical malpractice case, the attorney’s fee is usually agreed upon before the case starts. The typical contingency fee for a medical malpractice case is between 33% and 40% of the amount recovered. Here’s how the process works:
- Free Initial Consultation: Most medical malpractice attorneys offer free initial consultations, where they will evaluate the merits of your case. During this consultation, the attorney will assess the likelihood of success, the damages you could be entitled to, and whether they believe the case is worth pursuing.
- Percentage-Based Fee: If the attorney agrees to represent you, they will work on a contingency fee basis, which means they only get paid if you win. Typically, the attorney will take a percentage of the total recovery (settlement or court verdict). The percentage often depends on the complexity of the case, the stage of litigation, and the agreement between the attorney and the client.
- Settlement or Verdict: If the case settles before going to trial, the attorney will receive a percentage of the settlement amount. If the case goes to trial and a verdict is awarded, the attorney will receive their percentage of the awarded amount. This amount is agreed upon before the case begins.
- Costs and Expenses: While attorney fees are contingent on the case outcome, you may still be responsible for other costs and expenses incurred during the lawsuit. These can include:
- Court filing fees: Fees for filing legal documents with the court.
- Expert witness fees: In medical malpractice cases, expert witnesses (such as doctors or specialists) may be required to testify, and their fees can be significant.
- Investigative costs: Costs associated with gathering evidence, obtaining medical records, and hiring investigators.
- Deposition costs: Costs associated with taking depositions of witnesses and experts.
Why Do Attorneys Work on a Contingency Fee Basis?
Medical malpractice cases can be complex and costly. Often, victims of medical malpractice do not have the financial resources to pay for an attorney upfront, especially since medical malpractice lawsuits can take months or even years to resolve. Attorneys working on a contingency fee basis offer clients access to legal representation without requiring payment until the case is resolved.
Here are a few reasons why attorneys prefer contingency fee arrangements:
- Access to Justice: By offering a contingency fee, attorneys allow people who cannot afford hourly fees to pursue justice for their claims. It enables victims of medical negligence to have the same legal opportunities as wealthier individuals or institutions.
- Shared Risk: The attorney shares the risk of the case with the client. If the case is unsuccessful, the attorney does not get paid. This motivates attorneys to work diligently and to take on cases they believe have merit.
- Incentive to Win: Because the attorney’s fee depends on the outcome of the case, there is a strong incentive for them to win the case or secure a favorable settlement for the client. Attorneys are motivated to put in the effort needed to maximize your compensation.
How Much Does a Medical Malpractice Attorney Charge?
The fee structure for medical malpractice attorneys varies, but it usually falls within the following ranges:
- Contingency Fee: As mentioned, the attorney typically receives 33% to 40% of the final settlement or court award, depending on the agreement made before the case begins. This percentage can change based on whether the case is settled early or if it goes to trial. Attorneys may charge a higher percentage if the case goes to trial because of the increased time and effort required.
- Costs and Expenses: In addition to the attorney’s fee, you may also be responsible for paying other costs associated with the case. These can include expert witness fees, court fees, and investigative costs. Some attorneys will advance these costs and deduct them from your settlement or judgment, while others may require payment as the case progresses.
- Retainer Fees: Some attorneys may require a retainer fee to cover initial costs or investigative fees. However, in medical malpractice cases, retainers are less common because most attorneys work on a contingency fee basis. Be sure to discuss all potential costs with your attorney during the initial consultation.
What is the Total Cost of a Medical Malpractice Lawsuit?
The total cost of a medical malpractice lawsuit can vary depending on several factors, including:
- Complexity of the Case: Cases involving significant injury, long-term care, or complex medical issues require more resources, expert testimony, and legal work. These cases will often incur higher costs, and the attorney’s fee percentage might be adjusted accordingly.
- Expert Witnesses: Medical malpractice cases often require expert witnesses to provide testimony on the standard of care and how the healthcare provider’s actions deviated from it. Expert witness fees can range from $200 to $1,000 per hour, depending on the specialist’s qualifications.
- Court Fees: Court filing fees and other administrative costs associated with the legal process can add up. In some cases, these can amount to several thousand dollars.
- Case Duration: Medical malpractice cases can take months or years to resolve, especially if the case goes to trial. The longer the case lasts, the more costly it may become.
In general, if you win your case, the attorney’s fee (plus other expenses) will be deducted from the settlement or court award. It’s essential to discuss all potential costs with your attorney during the initial consultation to avoid surprises down the road.
How to Choose the Right Medical Malpractice Attorney
When choosing a medical malpractice attorney, here are some factors to consider:
- Experience: Look for attorneys with experience specifically in medical malpractice cases. These attorneys are familiar with medical terminology, healthcare protocols, and the legal requirements for proving negligence.
- Track Record: A lawyer with a strong history of success in medical malpractice cases is likely to be effective in handling your claim. Ask about their past settlements, verdicts, and experience with cases similar to yours.
- Resources: Medical malpractice cases often require expert witnesses and extensive investigations. Make sure the attorney has the necessary resources to handle these complex aspects of the case.
- Client Reviews: Read reviews and testimonials from previous clients. This can provide insights into the attorney’s communication skills, professionalism, and effectiveness.
- Free Consultation: Most medical malpractice attorneys offer free consultations. Take advantage of this opportunity to discuss your case, understand the attorney’s approach, and determine if they are a good fit for your needs.
Conclusion
If you have suffered due to medical negligence, hiring an experienced medical malpractice attorney is essential to ensure your rights are protected and you are compensated for your losses. The contingency fee system ensures that you can pursue justice without worrying about upfront costs, and it aligns the attorney’s interests with yours—ensuring they work hard to win your case. However, it’s essential to be aware of the potential costs, including expert witness fees and other case-related expenses.
When choosing a medical malpractice attorney, take the time to find someone with the expertise, experience, and resources to handle your case effectively. With the right legal representation, you can hold negligent healthcare providers accountable and seek the compensation you deserve for the harm you’ve endured.