How Much Does a Medical Malpractice Lawyer Cost?

As you begin your search for a medical malpractice lawyer, you are probably curious to know an estimate of what representation could cost you. While the information below will give you some idea about how fees normally work in this case, the actual amount you end up paying the lawyer could vary greatly depending on your injury, where you live, and various other factors.

Contingency Basis

As with all areas of the law, fees of medical malpractice lawyers vary greatly, but one common variable among most attorneys who specialize in this type of law is the contingency fee.

If a medical malpractice lawyer takes cases on a contingency basis, that means that she will be paid an agreed upon percentage of the amount the client recovers from the defendant either through settlement or award from the court. One-third is a common percentage, but this is taken after the costs of investigating and pursuing the case are deducted.

Retainers

Some, although not many, medical malpractice lawyers will accept cases based on a retainer fee, and then the client pays for the attorney’s services throughout the process; at the end, the client would then keep damage awards or settlement payments in their entireties. This is rather rare, however, as most plaintiffs in medical malpractice claims simply can’t afford to foot the bills for the case throughout.

Cost

Medical malpractice cases are notoriously expensive to litigate as the evidence that is needed is highly technical, expert witnesses are necessary, etc. It is not uncommon for expenses in medical malpractice cases to reach into six figures, which is a big reason why contingency fee based cases are the norm.

Because medical malpractice cases to cost so much to litigate, attorneys who specialize in this area of law are very selective about the cases they take on. If the first lawyer you approach doesn’t want to take your case, there’s no harm in going to another lawyer and asking for another opinion. Sometimes lawyers have different reasons for turning down case besides the strength of the claim, so if you think you have a strong case, you should definitely seek out another medical malpractice lawyer for another review — and don’t be afraid to compare estimates on what the contingency fee might end up being.