Worth a fighting chance?

[Redemptionman]

Okay the 250k cap does need to be increased in CA. By the time you add in the necessary medical experts necessary to litigate these cases you are indeed in the 300+k case range. I would also like to see any attorney malpractice case that only takes 1/3rd of the settlement as a fee. Most all of them will haul a good 40+ percent.

 

[adjusterjack]

By the way, all those informed consent and waiver forms you sign at the doctor or hospital doesn't absolve the doctor or the hospital from medical negligence (malpractice).

 

[adjusterjack]

I would also like to see any attorney malpractice case that only takes 1/3rd of the settlement as a fee. Most all of them will haul a good 40+ percent.

It's generally 1/3 for a settlement and 40% if it has to go to trial.

 

[Tax Counsel]

Okay the 250k cap does need to be increased in CA. By the time you add in the necessary medical experts necessary to litigate these cases you are indeed in the 300+k case range.

Not 300K+ in costs. I explained why earlier. The average med mal judgment/settlement is $300K+, though, and that may be the figure that is stuck in your head. But there is a big difference between the attorney's fees and costs and the total judgment/settlement.

I would also like to see any attorney malpractice case that only takes 1/3rd of the settlement as a fee. Most all of them will haul a good 40+ percent.

The typical practice varies from place to place. Where I am, if the case settles before trial, the typical contingent fee is 33%. Some lawyers increase that to 40% if the case goes to trial and/or goes to appeals. Given that well over 90% of the cases do settle, that means that most fees here do end up being 33%.

 

[Redemptionman]

The attorney contract depends upon the attorney. The better the attorney the more they generally charge for representation.