How Much Does a Medical Malpractice Lawyer Cost?

Medical malpractice lawsuits help patients recover financial compensation after a doctor, nurse, or other health care professional’s negligence causes harm. It’s common to worry about filing a medical lawsuit because you’re worried about lawyer fees. But most medical malpractice lawyers will take on a case with no upfront charge. They only collect attorney’s fees after they win a malpractice suit at trial or negotiate a settlement payment for your injuries.

Talk to a few medical malpractice lawyers near you for legal advice about your injury case.

Understanding Legal Fees for Medical Malpractice Cases

Medical malpractice lawsuits are complex. Legal representation is essential when you or a loved one suffers from an injury due to medical negligence.

Different types of fee structures are available for victims of medical malpractice. Most personal injury lawyers offer a free case evaluation where you can learn about the available fee structures. The costs and compensation available in a medical malpractice case can also vary according to state law.

Contingency Fees

Most medical malpractice lawyers and law firms work on a contingency fee basis. A contingency fee generally means that you pay no up-front costs. The law firm fronts the expenses and costs of filing the lawsuit. The lawyer will only collect a fee if they secure compensation from the insurance company, hospital, or doctors that caused you harm.

When they win compensation on your behalf, your lawyer will take a certain agreed-upon percentage. You owe nothing out of pocket. There’s generally no financial risk in filing a medical malpractice lawsuit.

You should understand what you agree to regarding how costs are handled, too. For example, in many cases, litigation costs are subtracted from the compensation you receive. The lawyer then takes the agreed-upon percentage of the remaining funds. You don’t have to pay if you don’t win your case. The law firm assumes the risk. This is why they carefully evaluate your case before deciding to enter into an attorney-client relationship.

Hourly Fees

This is rare, but some medical malpractice lawyers charge an hourly rate for their services. They’ll charge additional costs for court filings and medical professionals who may serve as expert witnesses in the case.

You pay for the lawyer’s exact time spent on your case, which is more transparent than contingency fees. This can offer low fees if your case resolves quickly. But costs can add up quickly if the case goes to trial or takes a long time to resolve. You must pay the lawyer regardless of the outcome.

Flat Fees

A flat fee structure is a less common fee structure in medical malpractice cases. It’s when a lawyer might charge a flat fee for handling the entire case. There are no unexpected charges as the case progresses.

There is a downside to the flat fee structure. They are uncommon in these cases due to the complexity of the legal issues involved. If the case resolves quickly, you might end up paying more than if you opted for an hourly fee.

Factors Influencing Legal Fees

With most medical malpractice cases handled on a contingency basis, fees are directly tied to the funds you recover in your case. How much you can recover in a medical malpractice case is generally based on your losses or damages. Damages in a medical malpractice case can depend on the types of injuries involved. Such damages can include money for the following:

• Medical bills
• Costs of future medical treatment
• Loss of income
• Pain and suffering
• Future costs of medical care

The severity of your injuries is the most important factor in determining the value of your case. Birth injuries, for example, may require a lifetime of medical care. This can lead to higher compensation. The same is true with other catastrophic injuries.

The total compensation for your case, or the settlement value, is the sum of all past, present, and future damages. You must prove that you’re entitled to damages for the injuries you claim. Other factors that influence your case are the strength of your liability claim and your case’s jurisdiction.

Financial Aspects of a Medical Malpractice Case

Some states limit how much a medical malpractice lawyer can charge for a contingency fee. Medical malpractice lawsuits require:

• Extensive evidence collection
• Doctor visits
• Expert witnesses

For example, Illinois limits the maximum amount a lawyer can charge in a medical malpractice case. Your medical malpractice lawyer can’t take more than 33.33% of your final compensation.

California also has strict limits on what a medical malpractice attorney can take from a contingency fee arrangement.

The recovery amount is the amount received after deducting costs, which could include:

• Administrative costs
• Filing fees
• Medical records expenses
• Medical expert witness fees
• Other litigation costs

Nevada also limits contingency fees based on the amount recovered. For example, if you live in Las Vegas and receive a misdiagnosis, a delayed diagnosis, or experience a surgical error from your health care provider that caused you harm, there are limits.

The Importance of Cost Transparency

Most medical malpractice law firms offer free initial consultations. The initial case assessment allows the medical malpractice lawyer to learn about your situation and explain your legal options. They’ll also provide information about their legal fees. Ask any questions you have before choosing the right lawyer for your case.

Under each state’s statute of limitations, you have a limited time to file a medical malpractice claim. Contact a medical malpractice lawyer in your state to make sure your medical negligence case is timely. With free consultations and contingency fee arrangements, there is no financial risk in meeting with lawyers for a case evaluation.