How Contingency Fees Work in Medical Malpractice Cases

A contingency fee means the attorney is paid from the recovery, not by the hour — and the written fee agreement, not any fixed figure, controls. This guide explains the mechanics.
Clear, honest guides to medical malpractice law.
Clear, honest guides to medical malpractice law.
Damages, caps, settlements, and contingency fees — how compensation works in malpractice cases.

A contingency fee means the attorney is paid from the recovery, not by the hour — and the written fee agreement, not any fixed figure, controls. This guide explains the mechanics.

A settlement is a negotiated agreement that resolves a malpractice claim without a trial. This guide explains the path from demand to agreement, what a release means, and the trade-offs involved.

A damages cap is a state law that limits certain categories of malpractice damages. This guide explains the concept, the debate around it, and why rules differ by state.

Damages are the categories of loss a malpractice case can recognize — not fixed dollar amounts. This guide explains economic, non-economic, and punitive damages in plain English.