How do I pay for an experienced attorney to file a medical malpractice claim?
Most attorneys experienced in medical malpractice take these cases on contingency fee agreements. Most firms take 40% because these cases are very complex and require significant funding of expenses by the firm during the litigation. In general, I have a tiered fee arrangement for these types of cases. If I am able to resolve your case early our agreement provides for a lower percentage attorney fee, which means more funds go to the client and the family if we can resolve it early.
Regardless of the exact percentage, the term “contingency fee” generally means the client does not pay attorneys’ fees unless your lawyers are successful in getting a settlement for you or they get a verdict and you get paid after a trial. You also want to make sure your attorney agrees to pay all the litigation costs upfront on your case as these can be very expensive. These include fees for medical experts, deposition fees and court costs. With most attorneys you are not expected to pay these costs back unless and until there is a settlement or verdict, at which time these litigation costs will be repaid out of the settlement proceeds.