Medical malpractice cases are long and difficult legal battles with uncertain chances of success. The only guarantee in a medical malpractice case is that your attorney will need to work very hard over an extended period of time to help you get the money that you deserve. The good news is that you do not have to pay for that effort out of your own pocket at any point during your medical malpractice case.
A medical malpractice attorney works for you on a contingency basis, and they are only paid if and when you win. Not only will you likely do better financially if you hire a medical malpractice lawyer (even after paying them part of your recovery), but their legal help can also put a settlement check within your reach.
When your medical malpractice attorney works for you on a contingency basis, they are not necessarily providing you with their services for free. Their contract with you states that your obligation to pay them is triggered under certain circumstances. Specifically, you will need to pay your medical negligence lawyer only when you receive a settlement or lawsuit award in your case.
It Costs You Nothing to Speak to a Medical Malpractice Attorney
When you initially speak to a medical malpractice attorney, it will be during the course of a free initial consultation. You pay nothing to make a connection with a medical malpractice lawyer and discuss your case with them. You will learn more about the medical malpractice lawyer at the same time that they are getting to know you and the facts of your case. There is no obligation to you, and you will not later receive a bill for the meeting if you choose not to hire the lawyer.
After the initial consultation, you will be faced with a choice of whether you want to hire this specific individual as your medical malpractice lawyer. If you choose to retain them as your counsel, you will sign a representation agreement with them. This document is a contract, and it is what establishes your client-attorney professional relationship.
The representation agreement contains many terms that will govern the specific nature of your relationship with your attorney. There are many financial terms included in this agreement, including how and how much your medical malpractice attorney may be paid for their time and services.
Your Medical Malpractice Attorney Would Receive a Percentage of Your Settlement or Award
The exact nature of the contingency fee will be laid out in the representation agreement. Every medical malpractice lawyer will receive a fee if you are successful in your case. Here, success is defined as receiving a settlement check from the defendant or being awarded money in court when you win your case in front of a jury. The representation agreement will usually specify two different percentages:
- Your medical malpractice attorney will receive a slightly lower percentage of the proceeds of your case if you reach a settlement agreement with the other party.
- Your medical malpractice lawyer will receive a slightly higher percentage if your case goes to trial because your attorney is committing more time to your case and taking even more risk that they may not be paid for their time and services.
Your Medical Malpractice Lawyer Is Paid Directly from the Proceeds of Your Case
Not every medical malpractice attorney charges the same exact percentage as a fee in your case. The average percentage for a settlement is roughly around one-third of your check, with the attorney receiving a handful more percentage points if your case goes to trial. If you receive money in your case, your medical malpractice attorney’s fee will come directly out of your check before the money is deposited in your account. You will not have to write the attorney a check at any point in the process.
The Representation Agreement Would Address Other Fees
There may be other fees that are associated with a medical malpractice case, such as court costs and expert witness fees. These charges will be addressed in your representation agreement. A medical malpractice lawyer cannot charge you for anything that is not clearly spelled out in advance in a representation agreement. If the medical malpractice attorney expects you to pay for anything, it must be very clearly spelled out in advance.
You Do Not Pay a Medical Malpractice Attorney Unless You Win
You may be wondering what happens if you do not win your case and whether you will still owe your medical malpractice lawyer money for the time that they spent on your legal matter. While not winning your case is certainly bad news, you can take comfort in knowing that you will not be hit with a large legal bill if you do not receive any money.
Your medical malpractice lawyer takes the risk that they will not be paid when they sign a contingency agreement with you. If you do not win, you will not have to pay for your attorney, meaning that you do not take on any financial risk when you choose to get legal help for your case. The biggest risk you can take is choosing to go it alone in your case without the help of a medical malpractice lawyer.
Medical malpractice lawyers are paid the same exact percentage no matter at what point in your case you hire them. There is little reason to wait to get legal help for your case. The longer you wait to hire a medical malpractice attorney, the more difficult it is to win your case. Since you do not have to pay anything out of your pocket to hire a medical malpractice lawyer, there is no reason whatsoever to avoid getting an attorney to represent you. If you do not have legal help in your case, you stand little to no chance of being compensated for your injuries.
Hire A Medical Malpractice Attorney For Best Results
From gathering evidence, such as medical records and witness statements, to negotiating with hospitals or their insurers, a McLean personal injury attorney will take care of the legal aspects of your hospital injury claim with no upfront fees. Why wait? Call today.