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


How To Get Your Free Initial Consultation

To start an evaluation of your case, please complete the form below. The more information you can provide, the better able we will be to determine if we can help you.

We will review the information and let you know by email shortly if we may be able to handle your matter and what the next steps may be.

*This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

One of the biggest concerns you may have about filing a medical malpractice lawsuit in Pennsylvania is how you will pay the attorney fees. This is an especially relevant concern when dealing with a catastrophic injury or wrongful death case that 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 contract 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 you don’t have to pay any 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 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, some types of lawsuits are never taken on contingency because there may be ethical issues. These cases include criminal defense, divorce, adoption, and immigration lawsuits.

Some expenses, like filing fees and administrative costs, may be your responsibility. 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, no retainer or upfront costs are 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 and offer 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 you won’t have to pay those fees if your case is not settled or won in court.

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 the catastrophically injured are under. Instead of adding to clients’ difficult situations, these attorneys 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.

As a client, you will pay nothing to Ross Feller Casey unless there is a financial recovery made in your case. All of the expenses associated with litigating your case, are paid for by the law firm. If there is a successful recovery made in your case, we will recover those costs. In addition, fees are only charged to you if we have a successful recovery, and they are paid out of the recovery. That means that you will never have to write a check to us or pay us anything to take on your case. Only when there is a recovery made, is there a fee paid out of it. 

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.

Disclaimer: Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.