How Much Does It Cost to File a Medical Malpractice Claim in Florida?
Many people ask their Florida medical malpractice attorney this question, and may be surprised to learn that the answer is: “It depends.” The truth is that every case involving medical error or negligence is different, so it is not possible to give an exact dollar value without knowing the specifics of your situation. However, it may ease your mind to know that you do not need to worry about paying any out-of-pocket costs for a Florida medical malpractice claim.
You can pursue a negligent healthcare provider without paying attorney’s fees and litigation expenses until your case is resolved. The arrangement is called a contingency fee agreement, which means that your lawyer’s fee is contingent upon the successful resolution of the case. If your lawyers don’t recover any money for you, you will never owe them any fees or costs.
Costs in Florida Medical Malpractice Cases Can Depend on Many Circumstances
It is important to understand how a lawyer might handle the expenses he or she incurs while working on your case. Examples include costs for filing fees, medical experts, obtaining your medical records, and other amounts your attorney needs to advance as part of the legal process.
Factors that affect how much it costs to bring a medical malpractice action include:
The Complexity of the Case
Medical malpractice cases are typically more complex than standard personal injury, but there are varying levels of complexity within these types of claims. The more complex a case is, the more time and resources a lawyer must spend to support a claim for damages.
Some medical malpractice cases have more obvious examples of negligence. For instance, a surgeon performing the wrong operation or leaving a tool behind at the surgery site is a fairly clear-cut example of negligence. Other examples of medical negligence may be less clear. Trying to connect a child’s birth injury to an OB-GYN’s actions, for example, can be incredibly involved. This field of medicine is already high risk for many patients, even in ideal circumstances.
A lawyer must determine how the professional was negligent and whether another OB-GYN in a similar situation would have made the same mistake. These cases typically require hiring experts in many different fields, such as neonatology, obstetrics, pediatric neurology, and pediatric hematology.
Possibility of Settling Out-of-Court
Not every malpractice claim goes to court. Lawyers often negotiate a settlement with insurance companies and hospitals that satisfy both parties. Going to court comes with extra costs for both parties, which can increase how much victims owe their firm if the case is successful. These cases are often faster, too, and require less of a lawyer’s time.
Many cases may never go to court because the negligent parties won’t stand a chance in front of a jury. However, it’s important to seek a malpractice firm with experience litigating cases in front of a jury, just in case you need to go to court to fight for damages.
The Need for Medical Experts
Medical experts can testify to the severity of injuries, standard of care for a specific field, and reasonable actions on the part of providers. These individuals can provide essential support for medical malpractice claims, especially in complex fields and cases where liability and negligence can be less clear.
A good medical malpractice firm should have various medical professionals and other experts they can draw on for their cases, but these experts must be paid for their time and work. The use of such parties can increase the costs of a malpractice claim, but their contributions are almost priceless for victims of medical negligence.
The Amount of Time a Lawyer Spends in Court
Some medical malpractice lawsuits take weeks, months, and even years to litigate. This means that a medical malpractice attorney spends more time in court, and their time is accounted for when calculating firm fees and costs.
Like your lawyer’s fees, costs are typically deducted from the award amount before it is paid to you. However, make sure to discuss any potential fees, how much you must pay, and how they are calculated when considering representation.
Contingency Fees for Medical Malpractice Lawyers in Florida
When you hear an ad that makes a claim of “no fee unless we win,” that language refers to a contingency fee arrangement. In such a situation, an attorney accepts your case and gets to work right away without you paying anything.
The lawyer’s costs and fees will be deducted from the amount you ultimately receive in a medical malpractice case. This applies to claims resolved through settlement or a verdict after a jury trial.
These agreements are covered by Florida Rules of Professional Conduct, so there are some requirements to note:
- The contingent fee agreement must be in writing
- The document must state how fees are to be determined, typically through a percentage of the total amount you recover
- If your lawyer will deduct costs in pursuit of your rights, the contract must include details
- You must indicate your consent to the arrangement by signing the contingency fee agreement
- Your attorney must provide you with a written, signed copy
- The agreement must comply with other requirements stated in the Rules
Questions to Ask a Florida Malpractice Lawyer About Your Case’s Costs
When comparing your options for legal representation, it’s important to ask the law firm questions about costs and fees like:
- What percentage is your contingency fee?
- What costs and fees do you expect for my case?
- What expenses am I expected to pay, if any? When do I pay for them?
- Are there any fees or costs separate from the contingency fee arrangement?
- Am I liable for any costs if you do not win my case?
While costs are an important factor to consider, make sure you also consider the lawyer’s experience, previous case results, and accolades. A lawyer that costs less may be cheaper but may not get you the results you need.
Talk to a Florida Medical Malpractice Lawyer Malpractice Claim Costs Today
If you have concerns about healthcare provider negligence or medical error, please contact Freidin Brown, P.A. to discuss your circumstances. Our team works on a contingency fee basis, and we can explain the arrangement in more detail.
Plus, our initial consultation is free, so you will not pay to talk to an attorney. We know that your time is important, and we can set up your appointment in person, by telephone, or by videoconference right away.
