The amount a
medical malpractice attorney will charge will depend on the amount of legal work involved, the attorney’s expertise in the field, the complexity of the matter, research, interviews, discovery, etc. Unlike other professionals, much of the work involved is accomplished when the client is not present.
Your legal bill has two components: (1) the lawyer’s fee and (2) the costs associated with your malpractice claim.
With regard to item (1), lawyers who handle medical malpractice cases typically work on a contingency fee basis—that means the payment is a percentage of your settlement or verdict and is subtracted from the winnings. If you lose your case, their fee is nothing, though you usually have to ante up the expenses associated with your case. Negotiate with your attorney; see if you can get the fees paid after all the other fees and expenses have already been subtracted from your winnings.
Regarding item (2), expenses – over and above the lawyer’s fee– include such items as court filing fees, the costs of obtaining records, transcripts, expert witnesses, investigative services, long distance or fax charges, postage, subpoenas, and travel expenses. The client usually is responsible for payment, regardless of the outcome of the case. These costs may mount up in a medical malpractice case because of the nature of the case. If you win, these expenses are deducted from your award unless other arrangements have been made.
If you are concerned that the lawyer’s fees will significantly diminish your recovery, in most cases, an attorney will be able to recover a significantly greater amount than you would have been able to recover.