Attorney Fee Limits in Medical Malpractice Cases

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Are there Limits on The Fee an Attorney Can Charge in a Medical Malpractice Case?

Although there have been several recent attempts to enact federal legislation that would limit the amount attorney's can recover in medical malpractice cases, there currently is no federal statute on the matter. However, states have enacted a variety of different statutes that deal with limiting attorney's fees in such cases. There are currently two main types of regulation: percentage limitations on attorney's fees and courts with review ad approval statutes. 

Percentage Limitations on Medical Malpractice Attorney's Fees

Sixteen states currently have a statute or court rule that establishes a specific limit or sliding scale on contingency fees attorneys may charge clients who file a medical malpractice claim. The following are examples of how several different states have addressed the issue:

States with Court Review and Approval

In some states, courts are either allowed or required to determine the reasonableness of the attorney's fee. The following are the factors most courts will focus on when determining the reasonableness of the requested fee:

Should I Contact an Attorney about My Malpractice Claim?

If you have been the victim of medical malpractice, and with to file a lawsuit, the advice and counsel of a personal injury attorney can be extremely helpful to this process. Because of the complex nature of this area of law, and the large amount of damages usually at stake, it is beneficial to discuss you situation with an experienced attorney before taking you case to court.

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Last Modified: 03-18-2014 09:34 AM PDT

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