Most medical malpractice cases for the plaintiff are handled on a contingent fee basis. Ordinarily this ranges from 33 1/3 to 50% of the recovery after costs are deducted “off the top.”
Medical malpractice cases are such that usually there will be no settlement, nor even negotiations toward settlement, until the lawsuit has been filed and all essential depositions have been taken. In most well-prepared cases, there is virtually a trial through the discovery process before the actual trial in court. Therefore, “sliding scale” contingent fees (i.e., 25% before the suit is filed, 33 1/3 % after the suit is filed, 40% if the case goes to trial, 50% if the case goes on appeal, etc.) are not in vogue. But, of course, this is a matter of individual negotiation between you and your client, and should be in accordance with your local custom and practice. Some states now have statutes limiting contingent fees in medical malpractice cases.
WORLDLawDirect can review your individual case and recommend a fee schedule to you before you negotiate with your lawyer.
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