Life is unpredictable and accidents happen from time to time. Luckily, we have such a great healthcare system in the US to treat people. However, do you ever think of accidents during the treatment? Doctors make mistakes, sometimes.
When you have a medical malpractice case, you may face serious injuries. What’s more, there are piles of bills awaiting. You need an attorney who can help. The next thing come to your mind might be, “how much will a lawyer cost me?”
The good news is that medical malpractice attorney fees are often negotiable. Most lawyers will take a malpractice case on a contingency basis, meaning that the lawyer’s fee is paid when you win the case. The lawyer will take a percentage of the settlement, usually between 20 to 40 percentage.
So, if you lose the case or you receive nothing in the settlement, your lawyer will never be paid.
As to the contingency fee, many states set a limit on the percentage and use a sliding scale based on the amount of the settlement. The most common contingent fee is 33% of the settlement. Some lawyers may use different numbers accordingly. For example, he or she may provide for a 33% contingency fee if the case settles before trial, and a 40% if the case goes to trial.
Another thing you should know is the cost of litigation, which includes expert medical witness fees, court filing fees and others. Many lawyers will pay for costs of litigation, at least initially.
So, as an example, you may pay your lawyer a 33% contingency fee, with the lawyer pays the costs of litigation. But when the litigation is successful, the costs will come out of the award first.
Suppose you win the case and the settlement is $100,000, and the costs of the litigation are $10,000. In this case, the costs of litigation should be paid with your settlement, leaving $90,000. The lawyer will take 33%, which is $30,000 and you will have $60,000.