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 “medmal” 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 an Indiana 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.

Indiana Medical Malpractice Fees

Medical malpractice and personal injury lawsuits are often taken without any upfront fees. Most Indiana medical malpractice lawyers 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. Contingency fees average between 25 and 40 percent. 

For medical malpractice cases against qualified providers, there is a limit of 15% of any recovery from the Patient Compensation Fund. This means 15% of any recovery over $250,000 for malpractice that occurs after July 1,1999 or 15% of any recovery over $100,000 for acts that occurred prior to July 1,1999. 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.

Out of pocket expenses include such things as filing fees, deposition fees, expert witness fees, exhibit costs, copying charges, and other similar expenses. 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.