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. In Illinois, contingency fees in a medical malpractice case are limited to 331/3 percent of the first $150,000 recovered; 25 percent of the next $850,000 recovered; and 20 percent of any amount over $1,000,000. 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 will charge an hourly fee or a flat fee for their services.
Out of pocket expenses include such things as filing fees, deposition fees, expert witness fees, 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. Many attorneys will decline a case unless there is potential for a substantial verdict or settlement.
