If you have suffered injuries because of medical negligence, one of your most pressing concerns may be how much filing a medical malpractice lawsuit will cost. Worries about legal expenses could prevent you from seeking out an attorney’s help. That could leave you in dire financial straits, unable to receive compensation for what you suffered – especially compensation related to medical expenses, lost wages, and settlement damages that often arise in malpractice lawsuit claims.
Medical malpractice cases are complex, especially those that result in catastrophic injuries. Court costs, expert witness fees, and attorney fees can add up, and often, these cases take a long time to resolve. What types of expenses do you have to worry about, and how much does a medical malpractice lawyer cost? These legal issues can feel overwhelming, particularly when dealing with malpractice insurance, liability insurance, and potential malpractice settlement negotiations.
Attorney Fees: What “Contingency Fees” Mean in a Medical Malpractice Case
In any lawsuit, not only medical malpractice lawsuits, the plaintiff will need to pay for an attorney’s fees in some way. Sometimes, these fees are billed on an hourly or flat rate basis. Occasionally, these fees are only earned at the conclusion of a lawsuit contingent upon the lawsuit being successful (i.e., a contingency fee). You may be especially concerned about this expense, but it is not as worrisome as you might think.
Personal injury attorneys, including medical malpractice attorneys, typically work on a contingency fee basis for most cases. This means that they do not charge by the hour, as some other types of lawyers do. They generally do not ask for a retainer, either, although certain exceptions do apply. Your initial consultation will also be free, which gives you a chance to see whether you have a viable claim.
What kind of personal injury lawyer fees can you expect instead? If your attorney obtains a settlement or jury award, they will receive a percentage of your winnings. The exact amount can vary from one lawyer to the next. It may depend on factors like the case’s complexity and whether it was necessary to go to trial. These expenses commonly appear in malpractice law matters and other legal processes.
Medical Malpractice Lawsuit Costs and Factors That Affect a Malpractice Settlement
Separate from your lawyer’s fees, there are additional out-of-pocket expenses that must be paid by either the lawyer or the client in connection with any lawsuit. First, your case will require filing fees to get the paperwork into the court system. You’ll have to pay to obtain copies of your medical records and other vital evidence. If your lawyer needs to travel to investigate the malpractice, that may add expenses to your total, as well.
Additionally, there are deposition fees and court costs. These may be higher if your claim is more complicated.
One of the largest expenses in a medical malpractice case is expert witness fees. To win your case, you will need to prove that another medical professional would not have made the error that resulted in your injuries. Since doctors tend to earn high salaries, they also charge high fees for their time and expertise.
It is up to you and your attorney to determine who will pay for the costs in your lawsuit. In some cases, your attorney will cover all of the expert witness costs (and other costs) while your case is ongoing, and they’ll recover those expenses from your settlement or award. It’s a good idea to ask about exactly what your attorney will pay for up front and whether there is anything that you will have to cover yourself. These costs are common in medical malpractice cases, including those involving serious economic damages.
There will be a discovery phase, which can be lengthy and costly. And if the claim ends up going to trial, expenses may increase even further.
Costs vs. Potential Settlement Value
Learning about the many fees involved in a medical malpractice case may make you hesitate about starting a claim.
It’s important to realize, however, that strong cases tend to resolve with significant settlements. A successful case could result in more than enough money to cover your legal fees as well as compensate you for medical expenses, lost wages, and pain and suffering.
Why an Attorney Is Vital in Medical Malpractice Cases
Some people consider pursuing a claim on their own to avoid having to pay attorney fees. This is very dangerous and unlikely to be successful. Medical malpractice claims are highly complex legal processes that require gathering a large amount of evidence to demonstrate how the injury happened, and such cases are nearly always contested and contested vigorously.
This is not something you should try to do without representation. An experienced attorney will know how to investigate the medical provider’s actions and weigh them against the standard of care. If you try to do this alone, you could end up wasting time and money pursuing evidentiary avenues that don’t bring much value to your claim. Even worse, if you lose your case, you might be held responsible for paying the costs of the person you sued.
Additionally, you may not know how to calculate your exact losses. It takes experience to come up with a fair compensatory amount for non-economic losses like pain and suffering, for example. Without an attorney advocating for you, you could end up accepting a lower settlement than you deserve.
Filing a Medical Malpractice Case With Experienced Legal Guidance Under the Law
If you have suffered injuries at the hands of a medical professional, you might not know what to do next. Paying medical malpractice attorney fees can work in your favor, since having legal representation offers you a stronger chance of receiving the full compensation you deserve.
At The Trial Law Offices of Bradley I. Kramer, M.D., Esq., you can receive assistance from a lawyer who is also a medical doctor. With this unique advantage, our team has helped many clients recover their losses after medical malpractice. Contact us today to schedule a free consultation.