How Do You Finance Your Lawsuit?

A medical malpractice or dental malpractice lawsuit is a financial venture to obtain compensation for a medical or dental injury, and like every financial venture, there are expenses, which can be substantial.  You must hire an experienced lawyer, and you need a qualified, medical expert or dental expert as your expert witness.  You also have the costs of the lawsuit, which can be thousands of dollars.  Unless your lawyer is experienced in medical or dental malpractice, he will need education on the medical or dental issues in your case, to represent you effectively.

How much can this cost?  If a complicated case goes to trial, and the trial lasts a week or two, and you have to hire more than one medical or dental expert, the cost of the entire case, including the lawyer’s time, can easily run more than $100,000.00.  That is a lot of money, especially if you are nearly bankrupt from your medical or dental bills.

How can you afford a lawsuit and pay for the lawyer and medical or dental expert?  It is possible, the illness or injury that caused your lawsuit has drained your finances.  There are ways in which you can obtain financial assistance to help you pursue your lawsuit.

Most lawyers, who handle medical or dental malpractice cases, realize that people, who have been injured, cannot afford to pay huge legal fees.  In this circumstance, the lawyer will charge a percentage of your recovery, which is called a contingency fee.  If you do not recover anything, the lawyer does not charge you anything.  Unless you have a lot of money, and a very strong case, this is the way to proceed.

How much is the lawyer’s contingency fee?  It can range from 33% to 40% of the net recovery and varies among the states.  Courts frown on any arrangement that leaves you with less than half of your award and may order the lawyer to reduce his percentage, if it is excessive.  Some states set a fixed percentage, usually 33% to 40%.  Other states have sliding scales, depending on the amount of work done by the lawyer or the amount you recover.  It is fair that a lawyer receive a higher fee, if he has to do months to years of work and go to trial, than if he negotiates a quick settlement.  Every state has different rules.  When you talk to a lawyer, ask him to explain the maximum fee schedule permitted in your state.

JD.MD, Inc., has served the legal communities in the U.S. and Canada since 1978.  Contact us at 800-225-JDMD (5363) to have your malpractice cases reviewed by our medical experts and dental experts.