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. Contingency fees average between 25 and 40 percent. For medical malpractice cases against qualified providers, there is a limit of 15% of any recovery from the Patient Compensation Fund. This means 15% of any recovery over $250,000 for malpractice that occurs after July 1,1999 or 15% of any recovery over $100,000 for acts that occurred prior to July 1,1999. 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.
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. Many attorneys will decline a case unless there is potential for a substantial verdict or settlement.
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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.
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