Attorney Fees for Medical Malpractice Cases

One of the most common things preventing people from seeking a consultation with a lawyer and proceeding with their medical malpractice lawsuit is the concern over what an attorney will cost them. However, what you need to know is that it should cost you nothing. That is because every credible medical malpractice attorneys – and most personal injury attorneys for that matter – work on a contingency basis.

What is a contingency basis?
A contingency basis means that if you ‘win’, your lawyer ‘wins’ and if you get nothing, your lawyer gets nothing. In other words, if you recover a jury award or a settlement, your lawyer is paid a percentage of that amount. However, if you lose at trial and get nothing and don’t settle your case, your lawyer also walks away with nothing.

Attorneys accept the risk of working on a contingency basis because when they win, it is worth it, and when they lose, it is viewed as the cost of doing business in this type of practice.

What percentage does my lawyer get?
In Illinois, medical malpractice attorneys’ fees are limited based on the following scale:
- 33 1/3 percent of the first $150,000 recovered,
- 25 percent of the next $850,000 recovered, and
- 20 percent of any amount over $1,000,000.

So, if the jury awards you $90,000, your lawyer will get $30,000 and you will get $60,000. If you were awarded $2,500,000, the attorney would get $262,000 off the first million, $200,000 off the 2nd million and $100,000 of the remaining $500,000. The client would get just under $2 million minus the expenses advanced by the lawyer bringing the case.

The above scale is the standard but there are instances where an attorney may ask the court for additional compensation because he or she performed extraordinary services involving more than the usual time and effort.

Do I still have to pay court costs, fees and expenses?
No. Your lawyer will cover those costs and will be reimbursed when the case is over. Make sure that the lawyer you choose to represent you is with a reputable and established firm that can absorb such costs while the litigation is going on. Costs to take a case all the way to trial can be in the low six figures.

Will I have to sign an agreement regarding attorneys’ fees?
You may be asked to sign an agreement after you have selected an attorney and hired them to represent you. Read the agreement. Ask questions. Do not be afraid to point out anything you don’t understand or any inconsistencies. Ask them to show you where it says that you do not have to advance any court costs, expert witness fees, etc. and where it states the percentage they will get from whatever you recover. If a law firm won’t give you an agreement in writing that is a red flag to us. There is no reason not to have it.

If you believe that you or a loved one has suffered from medical malpractice, call us for an attorney referral in your area. Or, if you have a question about attorneys’ fees or other costs associated with your medical malpractice case, call us. Our service is free and it is also confidential.