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Originally Posted On: https://ventsmagazine.com/2020/02/14/the-average-medical-malpractice-attorney-fees-you-can-expect-to-pay/

 

Dealing with medical malpractice is a stressful situation and trying to figure out medical malpractice attorney fees might feel overwhelming. We are here to help you during these tough times to figure out the attorney fees you can expect to pay.

Keep reading to learn more and help you during these difficult times.

Contingency Fees

One of the best things about medical malpractice attorneys is that most of them typically work under a contingency fee arrangement. This means that a medical malpractice lawyer will not receive a payment unless they win your case.

If you get nothing in either a settlement or in a trial they get $0. Because of this, a medical malpractice attorney will work hard to make sure that you receive what you deserve. Your lawyer is financially motivated to help you achieve the largest financial award possible.

The percentage that they receive if you win the case depends on what you agree in the beginning. The amount can vary and it can increase if they have to fight for you in a trial. Do not be afraid to negotiate the percentage if you feel it is too high or unfair.

Litigation Costs

These costs include court filing fees, medical witness fees, and the fees to obtain medical records. Most attorneys will pay for the costs initially but will deduct those costs out of the award you receive.

If during your initial consultation your potential attorney mentions that you will have to pay litigation costs upfront this is something else you can negotiate. Ask the lawyer if they will cover the fees upfront and deduct them once they win the settlement award in your favor.

State Laws

Depending on what state you live in there might be a maximum amount an attorney is allowed to charge from your settlement. Make sure that you double-check the laws in your state to make sure your attorney is not breaking any laws.

For example, in Oklahoma, an attorney is not allowed to charge more than 50% of the net judgment. Other states have sliding scale fees that have to be followed. For example, in California, the attorney is not allowed to collect more than 40% of the first $50,000, no more than 1/3 of the next $50,000, and no more than 25% of the next $500,000.00.

Before you meet with any attorneys to review your case make sure you check your state laws. This will help you in case anyone is trying to pull a fast one on you.

Now You Are More Informed on Medical Malpractice Attorney Fees 

We hope that after reading this article you are now feeling less overwhelmed and stressed about medical malpractice attorney fees. We understand that this must be a difficult and stressful situation but want to help you make educated and informed decisions.

Did you find this blog post helpful? Make sure you check back often to always stay in the know!