Understanding Attorney Fees in Medical Malpractice Cases

What Are Attorney Fees in Malpractice Cases?

Most medical malpractice cases are handled on a contingency fee basis. This means that you only have to pay the attorney a fee for their services if they obtain a recovery for you, either by settlement or trial. If no recovery is obtained, you owe nothing for their services. Almost all circumstances require a written contract with your medical malpractice lawyer that details the attorney’s fee agreement.

Understanding Contingency Fees

The exact percentage charged by a medical malpractice attorney varies from state to state and region to region due to differences in state laws, bar regulations, and local customs. Typically, the average fee ranges between 30% and 40% of the recovery. There may be restrictions on the maximum a lawyer can charge, but there is no minimum required fee. If your case is strong and the damages are significant, you might be able to negotiate a lower fee.

Evaluating Legal Representation

While lower fees might be tempting, it's crucial to remember that the skills and experience of lawyers can vary significantly. If you needed brain surgery, would you choose a surgeon offering discounts because they lack work, or would you choose the best? A top-notch medical malpractice lawyer has a better chance of securing a substantial recovery for your injury. Since a contingency fee lawyer is free to you until there is a recovery, the fee percentage is irrelevant if you lose the case—you recover nothing regardless of the agreed fee.

The Impact of Amendment 3 in Florida

In November 2004, Florida doctors spent millions to place a proposal on the state election ballot to amend the state constitution, limiting attorneys' fees in medical malpractice cases to 30% of the first $250,000 of a recovery and 10% of all amounts recovered over that. This amendment, known as “Amendment 3,” was opposed by major newspaper editorial boards in Florida, who recommended voters reject it, viewing it as a tactic to make it difficult for patients to find good lawyers willing to take on their cases at such reduced fees. Despite these warnings, voters approved Amendment 3. Most medical malpractice lawyers find it impractical to handle cases for a 10% contingency fee. Due to the difficulty in finding legal representation, the Florida Bar and Florida Supreme Court approved a written waiver of the limited attorney fee provision. Our firm will still take cases, but typically only if the client agrees to sign the Florida Bar-approved waiver of the 10% limitation and agrees to a higher contingency fee.

Conclusion

When medical malpractice occurs, navigating the legal landscape requires the expertise of an experienced medical malpractice attorney. Understanding the contingency fee structure and the impact of local laws, like Florida’s Amendment 3, is crucial. A knowledgeable med mal attorney can help ensure that you receive fair compensation while managing the complexities of filing a medical malpractice case. Always consult with a professional to understand your options and protect your rights.