When and How Medical Malpractice Lawyers Are Paid

Scartelli Olszewski P.C.

Recent studies suggest over 250,000 Americans die each year due to medical errors. Medical mistakes have turned into a leading cause of death in the country.

Did you or a loved one become injured due to a medical mistake in Pennsylvania? You can take legal action against the medical professionals responsible. A law firm that handles personal injury cases can assist you with a medical malpractice lawsuit.

Before scheduling an initial consultation with an attorney to discuss medical negligence, find the answer to the question, “How are malpractice lawyers paid?” Learn when medical malpractice lawyers are paid and how much they stand to make, too.

How Are Malpractice Lawyers Paid?

According to a recent Forbes report, lawyers charge clients an average of about $313 per hour in 2024. After hearing that, you might worry about whether you can afford to pay what medical malpractice attorneys charge.

Fortunately, you won’t need to worry for long. Medical malpractice lawyers aren’t paid like other types of lawyers.

So, how are malpractice lawyers paid? They work on a contingency fee basis.

You generally won’t have to pay a medical malpractice attorney anything upfront. Instead, they get paid based on the settlement or judgment they earn for you.

When Are Malpractice Lawyers Paid?

Medical malpractice attorneys can take care of many complex tasks related to filing a lawsuit on your behalf. From investigating your case, gathering evidence and consulting with expert witnesses to trying to negotiate a settlement and taking your case to court, they work hard throughout the legal process.

However, you likely won’t have to pay them anything until the end of your case and only if the case is successful.  Since medical malpractice lawyers work on a contingency basis, they must wait until reaching a settlement or judgment to collect their payment.

Even then, you typically won’t be the one writing the check, so to speak, to a malpractice lawyer. Your lawyer will take their cut out of your settlement or judgment to make things simpler.

How Much Are Malpractice Lawyers Paid?

The amount of money you pay a medical malpractice lawyer can change based on a variety of factors. For starters, every medical malpractice lawyer has established their own contingency fee.

Generally speaking, many malpractice attorneys charge approximately  40% for contingency fees. But a lawyer’s contingency fee may be higher or lower than that depending on other factors such as::

• The number of heath care providers at fault for your injuries.
• The time and expense it takes a lawyer to investigate and prove your medical malpractice case; and
• The complexity of the medical malpractice case.

You don’t necessarily want to choose a personal injury lawyer who handles medical malpractice cases based solely on their contingency fee. If you simply select the lawyer with the lowest fee, they might not provide the strongest representation.

At the same time, you don’t want to ignore the contingency fees that malpractice lawyers charge, either. Look for one that seems reasonable after checking the lawyer’s credentials and make sure you feel comfortable with the attorney.

Need To Hire a Medical Malpractice Lawyer? Touch Base With Us Today

The average person typically doesn’t ever have to file more than one medical malpractice lawsuit. Because of this, they don’t always know how these types of lawsuits work. They often have questions like, “How are malpractice lawyers paid?”

Scartelli Olszewski P.C. can answer any questions you may have about putting together a medical malpractice lawsuit in the aftermath of a medical error. We can also discuss other kinds of personal injury cases with you, such as wrongful death, defective drug, and nursing home abuse cases.

Call us at 570-346-2600 or contact us online today to arrange a free consultation with one of our personal injury lawyers.