What Are Attorney Fees in Malpractice Cases?
Attorney fees are the fees a medical malpractice lawyer charges to seek compensation on your behalf. The exact medical malpractice lawyer fees you’ll pay depend on factors unique to your case, so the cost can vary significantly.
Common Lawyer Fee Structures
Most medical malpractice attorneys in Florida use a contingency fee structure. This arrangement allows attorneys to represent clients without charging them upfront fees.
Although contingency fees are the standard, a few malpractice attorneys charge flat or hourly fees instead. With flat fees, the attorney charges a set amount for the entire case. Hourly fees require clients to pay a predetermined rate for every hour the attorney works on the case.
Contingency Fee Agreements in Florida
Contingency fees work on a “no-win, no-fee” basis, meaning you do not owe any fees if the attorney fails to win your case or reach a settlement. The lawyer fees are a percentage of the settlement or verdict the attorney recovers on your behalf. You pay nothing upfront for their services, allowing you to get quality representation no matter your financial situation.
There may be additional case-related costs aside from the attorney’s contingency fees, such as court filing and expert witness fees. However, law firms typically advance these costs and receive repayment for them from the settlement or verdict.
Is There a Cap on Attorney Fees in Florida?
Yes, Florida does cap attorney fees for medical malpractice cases. Under Florida law, an attorney may not take more than 30 percent of the first $250,000 in damages in a medical malpractice case. The law further limits an attorney’s contingency fees to 10 percent for all medical malpractice damages over $250,000.
Clients may waive this cap to give their attorney a higher percentage of the settlement or verdict. However, they must sign a notarized waiver for it to be valid.
Factors Affecting the Cost of Hiring a Malpractice Lawyer
Several factors influence the cost of hiring a medical malpractice lawyer, including:
- Case complexity: More complex cases require more time and resources to build a strong case. If your case involves multiple negligent medical professionals or uncommon medical procedures, it may require more work and thus be more expensive.
- State laws: Some states, including Florida, cap medical malpractice attorney fees. Thus, the state where the malpractice occurred may affect the cost of representation.
- Attorney experience: Attorneys often set their rates based on their experience and reputation. More experienced lawyers may charge higher fees but also have a better track record in achieving favorable outcomes for their clients.
- Fee structure: The type of fee structure your attorney uses will also affect the total amount you pay for their services. You may pay less with some fee structures at the cost of potentially receiving less in compensation.
Our Affordable Lawyer Fees Make It Easy To Get the Help You Need
After experiencing medical malpractice, you’re dealing with enough financial strain. Let us take the burden of expensive upfront legal fees off your plate. Our attorneys can discuss your situation and determine the most suitable fee structure for your unique situation.
We’ve recovered over $2.6 billion for our deserving clients and are ready to put our experience to work for you. If you or a loved one suffered harm due to medical negligence in Florida, contact us online today or call 954-467-6400 for a free consultation to begin moving forward.
