Is there a cap on lawyer fees in medical lawsuits?

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Question:

If I bring a medical malpractice lawsuit against my doctor in Arizona are there any limits on how much my attorney can collect from my award?

Answer:

Medical malpractice caps limit fees that an attorney can collect from a lawsuit. State medical malpractice laws determine what, if any, caps are applied to attorneys' fees. Some states limit fees to a certain percentage of an award. Other states use a sliding scale method where the amount of fees is determined by the amount of recovery.

Arizona has no specific cap on attorneys' fees. However, any party to a medical malpractice lawsuit can request that a court determine the reasonableness of the party's attorneys' fees. In making its determination, the court will consider such factors as:

  • The time, labor, and skill required to perform the legal services
  • The fee usually charged locally for similar legal services
  • The amount included in the lawsuit and the results obtained
  • The experience, reputation, and ability of the lawyer performing the legal services

The court must complete its determination within 20 days of the request.

Talk to a Medical Malpractice Lawyer to find out if your case is one that might be meritorious in court.

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