Being injured because of the negligence of a doctor, hospital, pharmacist, or other medical provider can be a terrible and traumatic experience.
You are left to deal with the memory of what happened to you, on top of the often significant expenses to rectify the wrongs committed by the doctor.
Many victims like you want to file a lawsuit against the at-fault provider but would like the help of an attorney. Before you commit to consulting with a lawyer, you may want to know, Do malpractice attorneys work on contingency?
How much does a malpractice lawyer cost? Can I afford it? These are essential questions to ask, and we provide some answers in this post.
The advocates at Dempsey Kingsland & Osteen fight for medical malpractice victims, helping them pick up the pieces after doctors commit surgical errors, misdiagnose patients, or are negligent in how they examine, diagnose, or treat patients.
How Much Does a Malpractice Lawyer Cost?
How much does a malpractice lawyer cost? Malpractice lawyers can charge clients in different ways to handle their cases.
How you pay and the rate you pay will depend on the attorney or law firm’s preferences, experience level, and geographic region.
Additionally, some types of cases are better suited to certain types of fee arrangements than others. Three of the most common methods that lawyers use to charge for their services are flat, hourly, and contingency fees.
Flat fee arrangements are gaining popularity, particularly with attorneys who provide unbundled services. Under this fee structure, the client pays the attorney a fixed amount to handle a portion or all of the case.
For example, the attorney may help the client prepare or file paperwork or appear on their behalf in a single court hearing.
Typically, this arrangement is better suited to straightforward and routine matters rather than complex lawsuits where there are critical questions about liability that need to be addressed.
The hourly fee arrangement is a standard structure used in many cases where the amount of work the case will involve is variable or difficult to anticipate. In an hourly fee arrangement, the attorney charges the client an hourly rate to handle the case.
Usually, the attorney will ask that the client pay an upfront sum that the attorney deposits into a trust account. As the attorney performs work on the case, they withdraw earned funds out of the trust account.
When the funds are depleted, the lawyer may require the client to deposit an additional lump sum before they perform more work on the case.
Alternatively, the attorney may send the client a monthly bill to charge for their services after the retainer runs out.
Contingency fee arrangements are a common method of charging clients to handle personal injury and medical malpractice cases.
When a contingency fee structure is being used, the client does not pay any attorney fees upfront. Under this structure, the attorney receives a fixed percentage of the compensation they win on the client’s behalf.
If the attorney does not win the case, they rarely get any money for their legal services. Some attorneys may still bill clients for administrative costs, such as filing fees, under this arrangement, while others do not.
At Dempsey Kingsland Osteen we work on contingency. Our contingency medical malpractice lawyers will front costs and put hundreds of hours towards your case. With the significant upfront cost, we are selective in the cases we take. Rest assured, if we take your case we are right there by your side working toward the same goal.
Do Most Malpractice Attorneys Work on Contingency?
Because of the variable cost and time involved in handling a medical malpractice case, many attorneys take these matters on a contingency basis.
This arrangement benefits the injured party because they can be sure that the attorney’s interests align with theirs since the attorney does not receive any money unless and until they win the client’s case.
Further, it ensures that victims can access and afford legal representation, which can help them secure compensation and hold the at-fault healthcare professionals accountable for their actions.
How Are Medical Malpractice Settlements Paid Out?
How are medical malpractice settlements paid out? Medical malpractice settlements are paid out to the plaintiff after certain expenses and fees are paid for.
Typically, the first step is to pay the expert witnesses and attorneys for their work on the case. If there are other outstanding bills, the parties may use the settlement to pay those first.
From there, the at-fault party may pay compensation to the victim in a lump sum or installment payments.
Under Missouri law, it is typical for past damages to be paid out in a lump sum. In contrast, the victim may receive money for future damages in installments or periodic payments.
In many instances, the court may review and approve a proposed schedule for how the at-fault doctor, hospital, or other healthcare provider will pay damages to the victim.
A Kansas City Malpractice Attorney at Dempsey Kingsland & Osteen Can Help
Do malpractice attorneys work on contingency? Ours do because we don’t want money to be the barrier to exceptional representation. If you are the victim of medical malpractice, you do not have to go through this alone. Our Kansas City malpractice attorneys understand what you are going through and is here to help you secure compensation and hold the at-fault parties responsible.
Jason Osteen, one of our firm’s founders, has over 24 years of experience fighting for victims of medical malpractice and has tried many cases before state and federal courts, including the Supreme Court of Missouri.
If you or your loved one were injured because of a surgical, misdiagnosis, or other medical error, contact our experienced team today for a free consultation.