Pursuing a medical malpractice lawsuit can seem overwhelming, especially when you’re already dealing with the physical, emotional, and financial consequences of a serious injury. One of the first questions many people have is how much it costs to hire a medical malpractice attorney.
Many medical malpractice attorneys in Florida handle these cases on a contingency fee basis. Before filing a claim, it is important to know how attorney fees and litigation costs are typically handled.
How Do Medical Malpractice Attorney Fees Work?
Many medical malpractice attorneys work under a contingency fee agreement. This means clients generally do not pay attorney fees up front. Instead, the attorney receives a percentage of any settlement or court award obtained on the client’s behalf.
If there is no financial recovery, the client may not owe attorney fees. However, every fee agreement is different, so it is important to carefully review its terms before hiring an attorney.
Are Attorney Fees Regulated in Florida?
Attorney fees in Florida medical malpractice cases are subject to both the Florida Bar and the Florida Constitution. Most medical malpractice attorneys work on a contingency fee basis, but state law places specific requirements on these agreements.
In Florida, medical malpractice claimants are generally entitled to receive at least 70% of the first $250,000 recovered and 90% of any recovery above $250,000, excluding reasonable costs, unless they knowingly waive that right. Attorneys are required to notify clients of these protections before entering into certain contingency fee agreements.
What Other Costs May Be Involved in a Medical Malpractice Lawsuit?
In addition to attorney fees, medical malpractice lawsuits often involve litigation expenses. Because these cases frequently require extensive investigation and expert testimony, the costs of pursuing a claim can be high.
Common litigation expenses may include:
- Court filing fees
- Medical record retrieval costs
- Expert witness fees
- Deposition expenses
- Court reporter fees
- Costs associated with obtaining medical evidence
Many contingency fee agreements explain how these costs will be paid during the case and whether they will be reimbursed from any settlement or verdict.
Why Are Medical Malpractice Cases Often Expensive to Litigate?
Medical malpractice cases are generally more expensive to litigate than many other personal injury claims because they involve complex legal and medical issues.
Factors that often contribute to the cost of these cases include:
- Reviewing extensive medical records
- Consulting qualified medical experts
- Taking depositions of healthcare providers and witnesses
- Investigating complicated medical issues
- Preparing for lengthy litigation or trial
Because of these requirements, medical malpractice lawsuits often require substantial time, resources, and preparation before they are resolved.
Questions to Ask Before Hiring a Medical Malpractice Attorney
Before hiring a medical malpractice attorney, take time to review the fee agreement and discuss how attorney fees and litigation costs will be handled throughout your case.
Some questions to ask include:
- How are attorney fees calculated?
- How are litigation costs handled?
- Who is responsible for costs if there is no financial recovery?
- Will I receive updates about expenses incurred during my case?
- What should I expect throughout the litigation process?
Asking these questions early can clarify your financial responsibilities and help you know what to expect as your case moves forward.
Contact Baggett Law Personal Injury Lawyers to Schedule a Free Consultation With a Jacksonville Medical Malpractice Attorney
Attorney fees and litigation costs are important considerations when deciding whether to pursue a medical malpractice lawsuit in Florida. Reviewing the fee agreement and asking questions during your consultation can provide a better understanding of how fees and expenses may apply to your case.
If you believe you were harmed by medical negligence, speaking with an experienced Jacksonville medical malpractice lawyer is an important first step in evaluating your legal options.
We’re ready to put over a century of combined experience to work for you.
For more information, please contact the Jacksonville and Ponte Vedra medical malpractice law firm of Baggett Law Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve Duval County, St. Johns County, and the surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167