How much will a medical malpractice case cost me?

The attorney's fees are what a lawyer is paid for his time; litigation expenses are those out of pocket expenses that are necessary to bring the case to a successful conclusion. Virtually all medical malpractice attorneys accept cases on a contingency fee basis. A contingency fee means that the fee the attorney receives depends entirely upon the attorney getting you a recovery. You only pay if he or she succeeds in getting you money (or getting you something of value).

It also means that if there is no recovery, you owe no attorney fee whatsoever. For example, if your attorney puts in three years of time and effort and recovers $2,250,000.00 for you, then he or she would take the agreed upon percentage of this gross recovery. If, on the other hand, your attorney spends three years of time and effort on your case and there is no recovery, then you owe your attorney nothing at all for his or her services over the preceding three years.

The contingency fee percentage your attorney will charge you depends on the state in which you live. State laws differ, bar rules differ, the practice in states vary from one to the next. In some states, a common arrangement is (33.33%) of any recovery before filing the litigation or arbitration, and (40%) of the recovery after filing. In some states, lawyers charge 40% to 45% and in some states, the bar has set up a schedule that applies to the amount recovered. Whatever the percentage is, you should insist it be put in writing in a fee agreement signed by you and the lawyer or law firm.

Litigation expenses may include obtaining copies of medical records, expert witness consultations, costs of hiring investigators, deposition costs, copies of photographs and other trial exhibits, etc. Litigation expenses also include such routine things as long distance phone charges, travel to depositions out of state, copying costs and shipping fees. It is not unusual for litigation expenses in medical negligence cases to exceed $50,000, and even more if the case has to be tried to a jury. By far, the most expensive part of the litigation is the cost of expert witnesses.