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. Delaware limits the amount attorneys may collect as a contingency fee in connection with medical malpractice claims. Fees are limited to 35% of the first $100,000 of damages; 25% of the next $100,000 of damages; and 10% of the balance of any awarded damages. A claimant may elect to pay attorney`s fees on a per diem basis as long as a written agreement to that affect is provided at the time of employment. 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.
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. Many attorneys will decline a case unless there is potential for a substantial verdict or settlement.
