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How Much Does It Cost to File a Med Mal Claim in Florida?


Many people ask their Miami medical malpractice attorney this question, and may be surprised to learn that the answer is: “It depends.” The truth is that every case involving medical error or negligence is different, so it is not possible to give an exact dollar value without knowing the specifics of your situation. Factors that affect how much it costs to bring a medical malpractice action include:

  • The complexity of the case
  • Possibility of settling out-of-court
  • The need for medical experts
  • The amount of time a lawyer spends in court

However, it may ease your mind to know that you do not need to worry about paying any out-of-pocket, advance costs for a Florida medical malpractice claim. You may be able to pursue a negligent health care provider without paying attorney’s fees and litigation expenses until your case is resolved. The arrangement is called a contingency fee agreement, which means that your lawyer’s fee is contingent upon successful resolution of the case. 

Contingency Fees for Medical Malpractice Lawyers: When you hear an ad that makes a claim of “no fee unless we win,” that language refers to a contingency fee arrangement. In such a situation, an attorney accepts your case and gets to work right away without you paying anything. The lawyer’s fees will be deducted from the amount you ultimately receive in a medical malpractice case, whether you resolve your claim through settlement or a verdict after a court trial.

These agreements are covered by Florida Rules of Professional Conduct, so there are some requirements to note:

  • The contingent fee agreement must be in writing;
  • The document must state how fees are to be determined, typically through a percentage of the total amount you recover;
  • If your lawyer will deduct costs in pursuit of your rights, the contract must include details; and,
  • You must indicate your consent to the arrangement by signing the contingency fee agreement;
  • Your attorney must provide you with a written, signed copy; and
  • The agreement must comply with other requirements stated in the Rules.

Costs in Florida Medical Malpractice Cases: It is important to understand how a lawyer might handle the expenses he or she incurs while working on your case. Examples include costs for filing fees, medical experts, obtaining your medical records, and other amounts your attorney needs to advance as part of the legal process. Like your lawyer’s fees, costs are typically deducted from the award amount before it is paid to you. However, out-of-pocket expenses advanced by your lawyer are NOT stated in terms of a percentage.

Talk to a Florida Medical Malpractice Lawyer About Contingency Fees

If you have concerns about health care provider negligence or medical error, please contact Freidin Brown, P.A. to discuss your circumstances. Our team works on a contingency fee basis, and we can explain the arrangement in more detail. Plus, our initial consultation is free, so you will not pay to talk to an attorney. We know that your time is important, and we can set up your appointment by telephone or videoconference right away.

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