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Medical Malpractice Law

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How Much Does a Medical Malpractice Attorney Cost?

A medical malpractice lawsuit helps patients recover financial compensation after a medical injury. Patients and their families may be facing financial difficulty after a medical error and may not have a lot of money to pay for attorney costs. The good news is that most medical malpractice lawyers will take on a case with no upfront charge, and only collect fees after they win the trial or get a settlement payment for your injuries.

It is important to understand the legal fee agreements involved in a medical malpractice lawsuit before you decide which lawyer to choose. The costs of a medical malpractice attorney can also vary by state and city. Thus, it is important to talk to a medical malpractice lawyer in a city near you to get legal advice about your injury case. You can also read more about how to pick the right medical malpractice attorney here.

A medical malpractice lawsuit helps patients recover financial compensation after a medical injury. Patients and their families may be facing financial difficulty after a medical error and may not have a lot of money to pay for attorney costs. The good news is that most medical malpractice lawyers will take on a case with no upfront charge, and only collect fees after they win the trial or get a settlement payment for your injuries.

It is important to understand the legal fee agreements involved in a medical malpractice lawsuit before you decide which lawyer to choose. The costs of a medical malpractice attorney can also vary by state and city. Thus, it is important to talk to a medical malpractice lawyer in a city near you to get legal advice about your injury case. You can also read more about how to pick the right medical malpractice attorney here.

Do Medical Malpractice Attorneys Work on Contingency?

Most medical malpractice injury law offices work on what is known as a “contingency fee basis.” A c means that the fee will only be charged if the attorney wins the case or recovers a settlement offer from the insurance company, hospitals, or doctors that caused the injury.

A contingency fee generally means that the client pays no up-front costs. Instead, the law firm fronts the expenses and costs of filing the lawsuit, and can recover money back only after they win the case. One of the reasons why medical malpractice and personal injury law firms use the percentage fee is because the injury victims may not have enough money to pay for an expensive medical malpractice lawsuit.

A contingency basis allows people without much money or victims who are struggling with a wrongful death to take their case to court. These fees provide a way for the victims to hold medical professionals responsible when they fail to provide the standard of care, causing serious injuries or death.

How Much Can I Recover in a Medical Malpractice Claim?

The amount of money 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. Birth injuries may require a lifetime of medical care and can have higher malpractice awards. Damages in a medical malpractice claim can include:

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

Are There Limits on Contingency Fee Agreements?

Some states put a limit on how much a medical injury attorney can charge for a contingency fee. Contingency fee limits are meant to protect injury victims and their family members from excessive fees but also allow lawyers to collect reasonable fees after putting up so much money in up-front costs. State ethical rules may also limit fees to those that are not excessive or unreasonable.

Fee Limits in Illinois

The state of Illinois has a limit on the maximum amount an attorney can charge in a Chicago medical malpractice case. According to 735 ILL. Comp. Stat. Ann. 5/2-1114(a), “In all medical malpractice actions, the total contingent fee for the plaintiff’s attorney or attorneys shall not exceed 33 1/3% of all sums recovered.”

Maximum Contingency Fees in California

A medical malpractice injury lawyer in Los Angeles or San Francisco is subject to a contingency fee limit for professional negligence actions against health care providers, depending on the amount recovered. Under California Business and Professions Code 6146, the limit for contingency fees in medical malpractice are:

  • 40% of the first $50,000 recovered.
  • 33 and 1/3rd% of the next $50,000 recovered.
  • 25% of the next $500,000 recovered.
  • 15% of any amount on which the recovery exceeds $600,000.

The recovery amount is the amount received after deducting costs in the connection with the case, which could include administrative costs, filing fees, medical records expenses, medical expert fees, and other costs of litigation.

Nevada also limits contingency fees to the same percentages as California, based on the amount recovered, under N.R.S. 7.095. If a misdiagnosis caused harm to a patient in Las Vegas, the maximum contingency fee would be 40% of the first $50,000 recovered, and so on.

Can I Get a Free Consultation to Ask About Fees?

Most medical malpractice law firms offer a free initial consultation. The initial case assessment will allow the medical malpractice lawyer to hear about your case, let you know your legal options, and give you information about their fee and how they will represent you. Feel free to ask any questions you have before choosing the right lawyer for your case.

Under each state’s statute of limitations, there is a limited time for victims of medical malpractice to file a claim. Contact a medical malpractice lawyer in your state to make sure your medical negligence case is filed in time.

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