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How much does it cost to hire a medical malpractice attorney?


If you or a family member suffered injuries after receiving inadequate medical care, you may know you need to pursue a medical malpractice claim, but are concerned whether you can afford an attorney. This is a legitimate worry, but the good news is that you probably can hire legal counsel, especially since most medical malpractice attorneys take cases like these on a contingency fee basis.


How a Contingency Fee Is Charged in Medical Malpractice Cases

Many medical malpractice attorneys offer a free initial consultation to discuss how your claim would work and the compensation you might receive. This consultation is also an opportunity for you to interview the attorney to be certain he's the right one for you.

During this conversation, the attorney will outline the fee arrangement, which is most likely a contingency fee agreement.

Here’s how a contingency fee agreement works:

  • You only owe attorney fees if you receive compensation through a settlement or at a trial. If you lose your case and receive no money, you won't be responsible for attorney fees.
  • If you won or settled your case, the attorney fees charged would be a percentage of the amount you receive in compensation. You and the attorney would agree on the exact percentage prior to case proceedings.


Another issue to clarify with your attorney is who pays the costs of the litigation. These expenses are separate from attorney fees and can include court filing fees, expert witness costs, and costs to obtain medical and other records. Some attorneys agree to pay these costs up front and deduct them as well as their attorney fees from your settlement.

Once you decide to hire an attorney and agree on the costs, you and legal counsel will sign a retainer agreement or other contract that clearly spells out the attorney fees and other costs involved in your case. You should obtain a copy of the signed agreement for your records.


The cost of an attorney shouldn't be your sole consideration in deciding which person to hire. You want an experienced medical malpractice attorney who has successfully settled many of these cases. If you believe you or a family member has a medical malpractice claim, call our office today to schedule your free consultation to discuss your situation and learn how Alan Morton can help you.