Order Allow,Deny Deny from all How can I afford to hire an attorney to represent me in a medical malpractice case? | Jay Cooper Law Office

Attorney at Law since 1986

Florida Circuit Civil Mediator & Qualified Arbitrator


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Medical malpractice cases are championed by plaintiff’s lawyers under a contingent fee contract. I would venture to say that it would be virtually impossible to hire a medical malpractice lawyer to perfect your claim if you had to pay that lawyer by the hour. What we have in Florida is a contingent fee contract. It is a leveler of the playing field against the medical profession and corporate interest who haven’t money to lay out huge retainers and pay the lawyers by the hour.

The contingent fee contract provides that a presuit case dictates a one-third fee to the lawyer, plus reimbursement of the costs expended. Most cases do go to suit. With a statutory exception for the first $250,000, the fee is typically 40% of the gross recovery for the lawyer’s time. In addition, the expenses that are racked up in a medical malpractice case are often somewhere between $25,000 and $100,000 if you’re actually going to take the case to trial. Our system allows lawyers who practice in this specialized field to provide their services based on a contingency, which means that the client doesn’t have to pay the vast expenses up front.