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How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?

Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive a percentage of your award if and when you recover for your injuries. If you and your attorney agree to a contingency fee, the attorney must put the agreement in writing and provide you with a signed copy. Some attorneys may charge an hourly fee or a flat fee for their services.

The amount of the contingent fee for an attorney representing a claimant in an action for medical malpractice cannot be in excess of the following: (1) 40 percent of the first $150,000 recovered, (2) 33 1/3 percent of the next $150,000 recovered, (3) 30 percent of the next $200,000 recovered, and (4) 25 percent of any amount by which the recovery exceeds $500,000.

Out of pocket expenses include such things as filing fees, deposition fees, expert witness fees, exhibit costs, copying charges, and other similar expenses. The attorney`s out of pocket costs are, in many cases, not included in the attorney`s fees. You should be sure to pay attention to how an attorney will bill you for costs. In a medical malpractice case, these expenses can be quite high due to the need for expert testimony and because they are hard fought cases, which in many cases do not settle until they have been thoroughly litigated. Many attorneys will decline a case unless there is potential for a substantial verdict or settlement.

Other Massachusetts Medical Malpractice FAQs

Medicare and Emergency Treatment

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