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Who Pays Court Fees to Start Your Medical Malpractice Case?

When you go to a health care or medical professional, you expect the person to help you with your health concerns, including dentists, orthodontists, periodontists, podiatrists, and podiatry physicians. Unfortunately for some patients, a trip to an oral or podiatry health care provider results in more harm. If your dental or podiatry health care provider injured you because of negligence or other wrongdoing, you might receive compensation for your damages. The first step is to meet with a NY podiatry or dental malpractice attorney to discuss a medical malpractice case.

How Much Does It Cost to Hire a Medical Malpractice Lawyer?

Most medical malpractice lawyers throughout New York accept cases on a contingency fee basis. A contingency fee means that the attorneys’ fees are conditional upon the attorney obtaining a settlement or court judgment for your claim. Clients are not required to pay any attorneys’ fees until their claim after the resolution of their claim. Contingency fees make it possible for injured victims to obtain legal representation regardless of their financial situation.

State laws limit contingency fees in medical malpractice cases in New York, including dental malpractice claims and podiatric malpractice claims. Lawyers must use a sliding scale to calculate their attorneys’ fees for medical malpractice cases. According to the contingency fee laws, medical malpractice attorneys’ fees are:

  • 30 percent on the first $250,000 recovered for the claim
  • 25 percent of the next $250,000 recovered
  • 20 percent of the next $500,000 recovered
  • 15 percent of the next $250,000 recovered
  • 10 percent of any amount recovered over $1,250,000

The contingency fee covers the attorneys’ fees for representing the client in the medical malpractice case. The expense and costs associated with the case are separate and apart from the attorneys’ fees. The basis for the calculation of attorneys’ fees is the net sum recovered, after deducting reimbursements for expenses and costs.

Who Pays the Filing Fees and Costs for a Medical Malpractice Case?

The client is ultimately responsible for payment of the filing fees and costs associated with a medical malpractice claim. However, most attorneys “front” these fees (pay the fees and costs as they arise) knowing they receive reimbursement for these costs and fees from the settlement proceeds or court-ordered judgment. Costs and fees typically incurred during a medical malpractice case include:

  • Expenses to obtain copies of medical records
  • Postage and copy costs for the attorney
  • Expert witness costs
  • Depositions
  • Trial expenses for the attorney
  • Filing fee for the medical malpractice lawsuit

Attorneys deduct the expenses and costs paid during the case from the amount of the settlement or judgment. If the attorney does not recover any money for your claim, you are not required to reimburse your attorney for the fees and costs the attorney expended for conducting the investigation, negotiating a settlement, or pursuing litigation for the claim. The risk of not being reimbursed for fees and costs paid in advance for a client is a risk an attorney takes in accepting a medical malpractice case.

Contact a New York Podiatry Malpractice Attorney to Discuss Your Claim

If you believe a dental or podiatry professional caused your injury, it is best to speak with a New York dental & podiatry malpractice attorney as soon as possible.

It takes time to investigate a dental malpractice claim or podiatry malpractice claim. The attorney then needs time to prepare the claim and negotiate with the other party. You have a limited amount of time to file a lawsuit. Therefore, you want to give your attorney as much time as possible to investigate and attempt to settle the claim without the necessity of time-consuming and costly litigation. Contact our New York podiatric malpractice attorneys today to discuss your claim. 

About the Author
Of all the different areas in medical malpractice, it is podiatry malpractice that has had a particular interest to me. With 42 years practicing law and representing hundreds of victims of malpractice, I have created a law practice in which my clients are comfortable knowing that their case is being handled with my personal attention, in the most professional manner, and without unreasonable delays.