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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.
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.