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  1. #1
    Join Date
    Mar 2019
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    8

    Default Is 40% Too Much for a Medical Malpractice Law Firm to Charge

    My question involves malpractice in the state of: New York City

    A law firm wants 40% on a medical malpractice case in NYC if successful. Is this considered fair?

  2. #2
    Join Date
    Sep 2010
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    19,200

    Default Re: Is 40% Too Much for a Law Firm to Charge

    Contingent fees of 33-40% are not uncommon. As with any personal service, inquire what you're getting and get references (preferably from people you trust).

  3. #3
    Join Date
    Dec 2018
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    168

    Default Re: Is 40% Too Much for a Law Firm to Charge

    Quote Quoting flyingron
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    Contingent fees of 33-40% are not uncommon. As with any personal service, inquire what you're getting and get references (preferably from people you trust).
    When something is "not uncommon" is it then common?

    Personal injury attorneys in CA most commonly charge 33% if a case is settled outside of court. If the case is tried in court the fees commonly goes to 40% plus investigation fees. However medical malpractice can be more difficult to prove so the fees may be higher than normal personal injury fees.

  4. #4
    Join Date
    Mar 2013
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    17,129

    Default Re: Is 40% Too Much for a Law Firm to Charge

    1/3 is standard if the case is settled without trial.
    40% is standard if the case goes to trial.

    Just make sure they both includes expenses for depositions and expert witnesses. Otherwise you'll be paying extra.

  5. #5
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    Dec 2018
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    168

    Default Re: Is 40% Too Much for a Law Firm to Charge

    If you retain a good, qualified attorney over a bum, percentages will not matter.

  6. #6
    Join Date
    Oct 2006
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    15,616

    Default Re: Is 40% Too Much for a Law Firm to Charge

    Quote Quoting Chuck77
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    If you retain a good, qualified attorney over a bum, percentages will not matter.
    Due to the tax law changes, they matter more than they used to matter. I would guess that the greater part of a malpractice award would not be taxable income, but attorney fees are no longer able to be deducted, so percentages matter.

  7. #7
    Join Date
    Oct 2014
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    7,400

    Default Re: Is 40% Too Much for a Law Firm to Charge

    Quote Quoting adjusterjack
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    1/3 is standard if the case is settled without trial.
    40% is standard if the case goes to trial.

    Just make sure they both includes expenses for depositions and expert witnesses. Otherwise you'll be paying extra.
    If the lawyer pays those costs rather than the client the percentage will be larger.

    Quote Quoting llworking
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    I would guess that the greater part of a malpractice award would not be taxable income, but attorney fees are no longer able to be deducted, so percentages matter.
    All of the award for actual damages as a result of the malpractice would excluded from income. Only the punitive damages, if there were any, would be taxable income.

  8. #8
    Join Date
    Mar 2019
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    8

    Default Re: Is 40% Too Much for a Law Firm to Charge

    Quote Quoting Chuck77
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    If you retain a good, qualified attorney over a bum, percentages will not matter.
    But how do I find a good lawyer involving medical malpractice specifically involving rispirdal?

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,073

    Default Re: Is 40% Too Much for a Law Firm to Charge

    You ask your state Bar Association, and any law schools in your area for a list of referrals. Then you pick up the phone and you start dialing.

  10. #10
    Join Date
    Oct 2014
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    7,400

    Default Re: Is 40% Too Much for a Law Firm to Charge

    Quote Quoting hebrew
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    What I dont understand is why arent law firms boasting about winning risp cases if this is info that will attract people like me to hire these firms?? I really dont get it... lost in the sauce.
    First, there will be very, very few firms that have handled all that many cases regarding this particular drug. Second, chances are that most if not all of those cases got settled for some amount, making it hard to say whether that is truly a "win" or not. When it comes to settlements, which side come out the best is a matter of opinion. So except for a few firms in the country that might concentrate on these cases a firm might have a win or two at trial, which isn't going to sound impressive as a marketing slogan.

    Second, the rules of professional conduct in at least some states restrict what lawyers can say in marketing about things like how many cases they won, etc.

    I'd suggest looking more broadly for firms that have experience in drug cases rather than for firms that have had cases involving that particular drug. If you just look for that one drug, your search will be narrow indeed.

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