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.
Speak to an Experienced Medical Malpractice Attorney Today
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical malpractice attorney to discuss your specific legal situation.