Skip to main content

Medical Malpractice Law

Search for an Attorney  

How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?

Hospitals and doctors are expensive, and can be even more of a burden when something goes wrong. Through medical malpractice lawsuits, patients and their families can recover financial compensation after a medical injury. But lawyers are often expensive—what if you can’t afford an attorney?

You can read more details about “med mal” lawyer costs across the country here. Since the costs of a medical malpractice attorney can vary by state and city, it is important to talk to a Delaware 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.

Delaware Medical Malpractice Costs

Most Delaware attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive a percentage of your award if and when you recover for your injuries. 

Delaware limits the amount attorneys may collect as a contingency fee in connection with medical malpractice claims. Fees are limited to 35% of the first $100,000 of damages; 25% of the next $100,000 of damages; and 10% of the balance of any awarded damages. A claimant may elect to pay attorney’s fees on a per diem basis as long as a written agreement to that effect is provided at the time of employment. If you and your attorney agree to a contingency fee, the attorney must put the agreement in writing and provide you with a signed copy.

The attorney`s out of pocket costs are, in many cases, not included in the attorney’s fees. You should be sure to pay attention to how an attorney will bill you for costs. In a medical malpractice case, these expenses can be quite high. If you have questions about how fees will be handled in your case, make sure you understand the fee arrangement before you sign the agreement.