Contingency vs. Hourly: How Malpractice Lawyers Are Paid
Medical malpractice cases are expensive to bring, which makes how the lawyer is paid especially important. They are almost always handled on contingency — here is why.
Contingency fees
The lawyer is paid a percentage of the recovery, and only if there is a recovery — no fee if the case does not succeed. Crucially, the firm also advances the significant case costs (records and medical experts), so an injured patient can pursue a claim without paying out of pocket.
Hourly fees
Paying by the hour, plus the expert and records costs, would make a malpractice case unaffordable for almost anyone — the costs alone can be substantial. That is why hourly billing is essentially never used for a patient bringing a malpractice claim.
The bottom line
For medical malpractice, contingency is the norm: no fee unless the firm recovers for you, and the firm advances the case costs. The written fee agreement spells out the percentage and how costs are handled; some states also limit malpractice attorney fees by law.
Frequently asked questions
Who pays for the medical experts in my case?
With a contingency arrangement, the firm generally advances the costs of records and expert review, which can be substantial, so you are not paying out of pocket to pursue the claim.
This is general information about Medical Malpractice injury claims, not legal advice. Every situation is different.
The law depends on your state
The steps above apply wherever you were hurt. Filing deadlines, fault rules, and limits on damages differ by state — pick yours for what applies to medical malpractice.
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