How Much Will I Have to Pay My California Medical Malpractice Attorney?

Victims of medical malpractice are sometimes hesitant to talk to a lawyer about their situation because they are afraid they will not have the money to pay the lawyer. How much does the medical malpractice lawyer charge? When will I have to pay the attorney? Can I work out a payment plan to pay my lawyer? These are all valid questions, and here are the answers.

Most medical malpractice attorneys in California do not charge for the initial consultation with their potential client. So, you will not likely have to pay the lawyer anything at all to talk to a lawyer about your case. Also, most California medical malpractice lawyers do not charge any money at all up front. They do not charge you by the hour, and they do not require that you put any money in trust to start the case.

Instead, California medical malpractice attorneys charge a contingent fee. This means that you only have to pay the lawyer if you win your case. Then, most lawyers will charge 40% of the first $50,000 you receive in damages, 33 1/3% of the next $50,000 in damages, 25% of the next $500,000, and 15% of any amount that exceeds $600,000. This breakdown of percentages is all pursuant to California law in California's Business and Professions Code section 6146(a). That same code section tells us that these fee caps apply "whether the recovery is by settlement, arbitration, or judgment."

Commonly, if you win your medical malpractice case, you will receive your compensation payments over time rather than in one lump sum payment. In that case, the court will determine the total value of the payments and then calculate the attorney's fees. That is also required by law, in California's Business and Professions Code section 6146(b).

If you or a loved one have suffered at the hands of a health care professional, you should speak to a medical malpractice attorney as soon as possible. A quality lawyer will be able to answer other questions you might have. To find a top-quality lawyer near you, click on the state on the left side of your screen.