Coronavirus (COVID-19) Update: We are fully operational and remote, we are available over the phone 8am-5pm Monday-Friday, available over email and able to provide services to our existing and future clients. More FAQs »

Mon-Fri 8AM-5PM
English or Spanish


Do Medical Malpractice Attorneys Work on Contingency?

Yes, most medical malpractice attorneys work on contingency or against a percentage of the award or settlement in the case. The most common contingency fee is 33% of the award or settlement, but you can negotiate the fee at the outset of your case, 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, which is paid as a percentage of the award or settlement in the case. In a contingency fee agreement, if the case goes to trial and you lose, you do not have to pay your lawyer anything.

The most common contingency fee ranges from 34%-40% of the award or settlement, although the portion of the award that goes to the lawyer can vary and some arrangements might use different numbers for different circumstances.

Most medical malpractice lawyers offer a free initial consultation before a client hires them. Another issue that must be discussed during your consultation is related to the payment and costs of the litigation, which includes court filing fees, the cost of hiring experts and obtaining medical records from the hospital. Most lawyers, however, use agreements that state that the lawyer will pay for costs of litigation, at least initially.

If you are a Miami resident in need for legal representation in a medical malpractice case, call The Law Offices of Sean M. Cleary today at 305.416.9805.

For questions and free legal advice to help individuals please call us

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.