Most medical malpractice lawyers in Philadelphia charge nothing up front for legal representation. Instead, they work on a contingency fee basis, meaning their fee is a percentage of whatever compensation they recover for you, typically between 30% and 40%. If your attorney does not win your case, you generally owe no attorney’s fees at all.
How Contingency Fees Work in Medical Malpractice Cases?
Under a contingency fee agreement, your attorney is paid out of your settlement or verdict, rather than upfront or hourly. This arrangement lets injured patients pursue a claim regardless of their financial situation after an accident.
The exact percentage varies by firm, the complexity of the malpractice case, and by state law. Common structures include:
- A flat percentage, often 33% to 40%, regardless of when the case resolves
- A sliding scale, where the percentage is lower if the case settles early and higher if it goes to trial
- State-specific caps on contingency fees
Your attorney should explain their specific fee structure before you sign an agreement.
Contingency Fees Must Be Reasonable Under Pennsylvania Law
Pennsylvania’s Rules of Professional Conduct require attorney fees, including contingency fees, to be reasonable. Courts and disciplinary boards can review a fee arrangement after the fact if a client challenges it. This gives clients some built-in protection against an excessive or unfair percentage in a malpractice case.
Additional Costs Beyond the Attorney’s Fee in Med Mal Cases in Pennsylvania
Contingency fees cover the lawyer’s fees, but medical malpractice cases also involve separate case costs (i.e., litigation expenses). These typically include:
- Expert witness fees
- Court filing fees
- Costs for obtaining and reviewing medical records
- Deposition and court reporter fees
- Fees for accident or medical illustrations used at trial
Most firms advance these costs on your behalf and recover them from your settlement, either as part of the contingency percentage or as a separate deduction. You should ask upfront whether costs come out before or after the attorney’s percentage is calculated, as this can affect your take-home recovery.
Why Medical Malpractice Cases Cost More to Litigate than Other Personal Injury Claims
Philadelphia birth injury claims are among the most expensive types of personal injury cases to bring, primarily because of the expert testimony required.
Unlike a car accident case, a malpractice claim requires a qualified medical expert to establish the applicable standard of care, explain how the provider deviated from it, and connect that deviation to your injury. Expert fees alone can run into the tens of thousands of dollars in a complex case, which is part of why many firms carefully screen malpractice cases before accepting them.
We Offer Free Consultations
Most malpractice attorneys offer a free initial consultation to evaluate whether your case has merit before any fee agreement is signed. This allows you to understand your options and the firm’s fee structure without any financial commitment.
If you believe you were harmed by a medical provider’s negligence, an experienced medical malpractice attorney can review your case. Call Morris Wilson Knepp Jacquette, P.C. to schedule a free consultation to learn more about your rights.