What Does A Contingency Fee Agreement Involve In A Malpractice Case?

One of the biggest concerns you may have about filing a medical malpractice claim is how you will pay the attorney fees. This is an especially relevant concern when you are dealing with a catastrophic injury or wrongful death case that is complicated and may take more time and resources to resolve. Fortunately, most medical malpractice attorneys, including those at Ross Feller Casey, handle these cases on a contingency basis.

What Is A Contingency Fee Agreement?

When an attorney works your case on a contingency basis, you will be provided with a contingency fee agreement. This is a contract that says your attorney will handle your case and that you will only have to pay fees for their work if there is a financial recovery, either through a settlement or a verdict at trial. That means that you don’t have to pay any sort of retainer for the attorney’s work upfront. Instead, when the case is settled or won in court, your attorney will receive a percentage of the final amount that you agreed upon in the contingency fee agreement.

Contingency fees are typically used in medical malpractice, product liability, premises liability, and other personal injury cases. However, there are some types of lawsuits that are never taken on contingency because there may be ethical issues in doing so. These cases include criminal defense, divorce, adoption, and immigration lawsuits.

Some expenses, like filing fees and administrative costs, may be your responsibility to pay. This depends on what is stated in your contingency fee agreement. Some attorneys will cover these costs until your case is settled or won, while others will have you pay them as the case proceeds. It’s important to discuss how these expenses will be handled with your attorney.

What Are The Benefits Of Contingency Fee Agreements?

Medical malpractice cases that are handled on contingency often benefit the client in two major ways:

• No upfront payment – In contingency cases, there are no retainer or upfront costs to be paid. You can rest assured that you don’t have to come up with enough money to hire an experienced medical malpractice attorney while you are already challenged with the expenses of your injuries.
• Sense of strength in your case – Attorneys who work on a contingency basis usually only take on cases that they believe will result in a substantial financial recovery. They want the case outcome to benefit you as well as offering them fair compensation for their work. If they don’t feel you have a strong case, they aren’t likely to take it on.
• No worries about fees if your case isn’t won – Attorney fees can really add up over the time it takes to handle a case. When you have a contingency fee agreement, you are assured that should your case not be settled or won in court, you won’t have to pay those fees.

Why Do Lawyers Offer Contingency Fee Agreements?

When you seek compensation for injuries that are related to medical malpractice, it’s likely that you are already experiencing the financial burden of medical treatments and lost wages. Worse yet, if your medical malpractice case involves the wrongful death of a loved one who was a provider for the family, you and your family may be facing serious financial troubles.

Medical malpractice attorneys who work on a contingency basis understand the personal and financial burdens that the catastrophically injured are under. Instead of adding to clients’ difficult situations, these attorneys choose to use their own resources to fight for their clients. This allows families to receive the legal representation they need without placing more stress on them during an already challenging period.

Should I Have A Lawyer Represent Me On A Contingency Fee Basis?

When you have a strong case of medical malpractice, working with an attorney on a contingency basis is very beneficial, especially if you don’t have the resources to pay for a lawsuit upfront. At Ross Feller Casey, we handle all medical malpractice cases this way.

If you or a family member has suffered a catastrophic injury due to medical malpractice, you need the help of an experienced attorney. The attorneys at Ross Feller Casey have a national reputation for winning medical malpractice cases. Our lawyers have record-setting recoveries that have been financially lifesaving for our clients.

Ross Feller Casey has a team of leading, Ivy League trained medical doctors right on staff to help litigate your case. Contact our office today to schedule your free case review.