What are typical medical malpractice lawyer fees?

Many medical malpractice lawyers take cases on a contingency basis so that the client only pays if he or she is awarded damages in the case.  Several states have a court rule or statute fixing establishes a sliding scale or limit on contingency fees that medical malpractice attorneys may charge clients. 

In other states, courts are required or authorized to ascertain the reasonableness of the fee.  In general, a contingency fee for a medical malpractice attorney will range between 33% and 40% of the damages awarded.   

Many medical malpractice attorneys charge an hourly fee for work performed on the case or a retainer (a flat fee) in which a specific sum of money is paid prior to legal representation. 

Some medical malpractice lawyers charge a certain percentage, such as 25% if the case settles pre-trial, 33 percent if it is litigated in court, and 40 percent of the judgment if the case is appealed.  Expenses involved in preparing a medical malpractice case typically range from $20,000 to $50,000; in complex cases, they run from $50,000 to $100,000 for costs such as expert testimony.