The cost to hire a medical malpractice lawyer depends on the firm’s fee structure, including whether it charges a flat fee or an hourly rate. However, most reputable medical malpractice attorneys in Chicago work on a contingency fee structure, meaning they don’t charge upfront costs and you won’t owe them anything if you don’t win.
What Percentage Do Medical Malpractice Lawyers Charge in Illinois?
Under Illinois law, the most a medical malpractice lawyer can charge in contingency fees is 33 ⅓% of your total recovery. The amount your attorney will keep in fees is usually calculated from the full amount of your settlement or verdict, before any other costs or expenses are deducted.
Some attorneys may agree to a fee percentage below the legal maximum, allowing you to keep more of what you recover for a misdiagnosis, hospital negligence case, or other type of malpractice claim.
What Are Common Case Expenses in a Medical Malpractice Lawsuit?
Medical malpractice claims often require a significant investment to build a case with the best chances of success. Firms that work on contingency will generally advance these fees with no out-of-pocket cost to you, then reimburse the costs later from your recovery.
Common expenses involved in medical malpractice cases include:
- Expert witness fees: Attorneys must compensate medical experts for participating in your case, including for services like reviewing evidence, providing written opinions, sitting for depositions, and giving testimony in court.
- Investigation costs: Medical malpractice attorneys must sometimes pay fees to access medical records and obtain evidence.
- Filing fees: Initiating a lawsuit often requires you to pay a certain fee to the court, depending on the nature of the case.
- Litigation expenses: Critical elements of pursuing a legal case in court, such as conducting depositions, can generate high costs.
Who Pays for Your Medical Malpractice Case Expenses if You Lose?
Whether or not you become responsible for case expenses after a loss depends on the terms you agreed to with your attorney. Even some lawyers working on contingency may require you to reimburse their expenses if you don’t recover compensation. However, Illinois’ Rules of Professional Conduct require contingency fee agreements to clearly state if there are expenses you must pay regardless of whether you succeed.
How Much Will You Owe Your Medical Malpractice Lawyer if You Win?
In a hypothetical medical malpractice case where you recovered $200,000, the amount you owe your attorney will usually come directly out of that sum. If you agreed to the Illinois maximum rate of 33 ⅓%, your lawyer will keep roughly $66,660 of your recovery.
If the firm generated $10,000 in expenses building your case, those costs will be reimbursed from the remaining funds, leaving you with a total of $123,340. Some additional funds may come out of your recovery to resolve other obligations, such as medical liens.
How Does Levin & Perconti Handle Contingency Fees?
At Levin & Perconti, we don’t charge you anything up front when you work with our medical malpractice lawyers. We’ll advance all the costs involved with pursuing your case, including expert witness fees, filing fees, and other expenses.
Schedule a Free Consultation With Our Trusted Team Today
With over 400 years of combined experience and over $1 billion recovered for clients like you, Levin & Perconti is a nationally recognized leader in medical malpractice law. Our significant financial resources and nationwide network of trusted medical experts allow us to spare no expense in building the strongest possible case, giving you the best chance at winning the compensation you deserve.
Contact us online or call (312) 332-2872 today to schedule a free consultation with our experienced medical malpractice lawyers and learn more about how we can help with your case.
