(THE INFORMATION IN THIS SITE APPLIES TO GEORGIA ONLY)

Most malpractice cases are handled on a contingency fee basis, which means that you only have to pay the attorney a fee for his services if he obtains a recovery for you, either by settlement or trial. If he does not obtain a recovery, you owe him nothing for his services. Georgia Rules of Professional Conduct require that contingent attorneys fee agreements be in writing.  Probably the average fee in general personal injury cases ranges between 33% and 45% of the recovery.  Medical malpractice cases are one of the most difficult, time consuming, and expensive types of injury cases to bring, so for that reason attorneys fees tend to be at the higher range for malpractice cases, usually around 40 or 45%, depending on the case.  If the client is able and willing to advance some of the expenses of the case, some lawyers are willing to charge a lower fee because they no longer have their own money at risk (just their time and effort).  

Keep in mind that there is no pre-set "required" or "standard" fee.  If your case is good enough and the damages are big enough you may be able to negotiate for a lower fee than normally charged.  Beware though, there are considerable differences between the skills and experiences of lawyers.   Ask yourself, "if I needed brain surgery would I want the guy giving discounts on brain surgery this week, or would I want the best?" Remember, a contingency fee lawyer is completely free to you until there is a recovery, and a top notch lawyer has a better chance of getting top dollar for your injury or loss.   If you lose your case it makes no difference if the attorney fee was going to be 45%, or 5%, you still end up paying nothing and receiving nothing.      

Georgia Rules of Professional Conduct require all lawyers who indicate they will charge a contingent attorney's fee to conspicuously display the following disclaimer: 

"No recovery no fee" refers only to fees charged by the attorney. Court costs and other additional expenses of the legal action usually must be paid by the client. Contingent fees are not permitted in all types of cases.  

Contingent fees are permitted in medical malpractice cases and so are contingent costs and expenses.  In other words, if we accept your case your obligation to us for attorneys fees and the expenses of the case are both contingent on the successful outcome of the case.  You will owe us nothing unless we obtain a recovery for you.  Because of the degree of difficulty of malpractice cases, and because our firm often must spend tens of thousands of dollars to take a case through trial, our standard attorney's fee percentage is 40%.  On occasion we will agree to reduce our percentage, but it depends on the nature of the case and other circumstances.   

Here is the Georgia Rule of Professional Conduct regarding attorneys fees.

 

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