Yes, most medical malpractice attorneys work on a contingency fee arrangement or for a reasonable percentage of the settlement or awarded damages. The most common contingency fee is 33% of the settlement or award, but you can negotiate the fee at the outset of your case, for example, during the initial free consultation.
It depends on the contractual agreement you sign with your lawyer or law firm. Most medical malpractice lawyers provide legal services based on a contingency fee agreement, which is paid as a percentage of the settlement or award in the case.
Medical malpractice contingency fees are higher than regular personal injury cases due to the increased risks and the amount of time and money necessary to handle such delicate cases.
In a contingency fee agreement, if the case goes to trial and you lose, you don't have to pay your lawyer anything.
If a case settles before trial, a 33% contingency fee of the settlement or award might be provided, while a 40% fee is most common if the case goes to trial. However, the portion of the award that goes to the lawyer may be negotiable, and some arrangements might use different numbers for different circumstances.
Most medical malpractice lawyers offer a free initial consultation before a client hires them, where they examine the strengths and weaknesses of the case and the lawsuit proceedings.
Another issue that must be discussed during your consultation is related to the payment and costs of the litigation, which includes:
However, most lawyers use agreements that state that the lawyer will pay for litigation costs, at least initially, and agree with a reimbursement in case a judgment is awarded in the client's favor. If you are a Miami resident in need of legal representation in a medical malpractice case, call The Law Offices of Sean M. Cleary today.