Medical malpractice lawsuits are different than almost all other lawsuits out there. First, they are harder to win and often times cost hundreds of thousands of dollars to prosecute. You can take a look at some of our verdicts and settlements to see just how costly they can be. Often, victims of medical malpractice cannot afford to the immense cost of this type of case.
So, good medical malpractice lawyers work for what’s known as a contingency fee. Our clients sign a standard contingency fee agreement. This means that the law firm will advance the costs of the litigation. If the law firm wins on behalf of the client, the firm will take a percentage of the recovery as their fee, plus any costs that were incurred in prosecuting the case. If the case is lost, the client pays nothing. Our clients do not have to repay any of the costs of litigation or any attorneys fees.
What is a fair contingency fee?
It depends on the case! Some cases are complex or much riskier and will require a larger contingency fee. It’s not unusual to see contingency fees at 40% for medical malpractice, other personal injury, or product liability cases. In our Federal Tort Claims Act cases on behalf of military families or veterans, we charge 25% contingency if the case is resolved after lawsuit has been filed. If we can resolve a federal case before lawsuit is filed, we charge 20% contingency fee.
What are the legal costs and how are they different than contingency fees?
Costs are the expenses required to work up your case. They vary widely and can include research, investigation costs, experts fees. For example, in a medical malpractice case, you will often need an expert to review your case and determine whether there is a standard of care violation. Medical experts are expensive! They often charge hundreds of dollars per hour and require up front retainers. These cases are often complicated and will usually require multiple experts. And it all adds up. But unlike other types of attorneys, a plaintiffs firm usually will not charge an hourly rate. Instead, they will take a percentage of the fee if and only if there is a recovery on behalf of our client.