Attorneys in medical malpractice suits in Florida are limited to fees at 30% of the first $250,000 won in the suit and 10% of any amounts over that. The bill was introduced in 2004 and though newspapers, attorneys and other major entities encouraged citizens to vote against the bill, it was voted into legislation.
Despite this, there are some attorneys that will still accept medical malpractice cases. There are ways around the limit so that lawyers will be more willing to accept the cases as well. For instance, the attorney can draw up an agreement that allows the client to waive the limit on the fee. The client and attorney can then come to an amicable amount of payment should the attorney win the case. It pays to note that the attorney will receive nothing if you receive nothing. That gives the attorney a greater incentive to win the case.
Other attorneys may be willing to take the case for a set amount rather than on a contingency basis. If that occurs, the attorney will require a holding fee of sorts, generally called a retainer fee. You will owe that amount of money regardless of whether you win the case or not. If at all avoidable, do not hire a malpractice attorney under these circumstances. It can get very expensive and if you lose the case, you will have to figure out a way to pay the lawyer’s fees.
Additional Frequently Asked Questions
- How Do I Know If I’m Within the Statute of Limitations for Medical Malpractice?
- What Damages Can I Recover in a Medical Malpractice Case?
- Do Most Medical Malpractice Cases Settle Or Do They Go To Trial?
- Do Most Medical Malpractice Cases Go to Trial?
- Can I Sue If I Am Unhappy With The Outcome Of My Surgery?