Medical malpractice cases are among the most expensive types of personal injury litigation to pursue. They require expert medical review before a claim can even be filed, testimony from qualified specialists at trial, and months of investigation and preparation.
It would be difficult for most individuals to afford litigation out of pocket, especially while managing medical expenses and lost income from missed work. Fortunately, most families pursuing a malpractice case are charged a contingency fee, instead of paying hourly fees or retainers. In the event you need a medical malpractice attorney in Las Cruces for a free consultation.
Contingency Fees in Medical Malpractice Cases
Medical malpractice attorneys in New Mexico typically work on a contingency fee basis. Under this arrangement, you are not responsible for a retainer or hourly rate. Instead, your attorney’s fee is a percentage of money that is ultimately recovered for you through a settlement or verdict. If the case doesn’t result in a recovery, you owe nothing for legal representation.
This is the structure used for all personal injury cases, but it is especially important in malpractice cases. These cases require a significant investment of time and money due to the unique evidence and expert testimony required, in addition to general litigation costs.
Contingency fees shift financial risk from the client to the attorney, ensuring that access to experienced representation remains available.
The specific percentage varies by firm and region, but it is usually between 33% and 40%. Your attorney should explain the fee arrangement clearly in your engagement agreement.
Advanced Litigation and Expert Costs
Beyond general attorney fees, malpractice cases generate substantial case expenses that your attorney typically advances on your behalf. In New Mexico, every malpractice claim against a qualified healthcare provider must first go through the New Mexico Medical Review Commission, generating expert costs before the lawsuit begins.
Common case expenses include:
- Deposition transcript costs
- Court filing fees
- Fees for the medical expert who reviews your records and provides testimony before the Medical Review Commission
- Medical record retrieval costs
- Expert witness fees for trial testimony, including for multiple specialists
These expenses are generally repaid from the final settlement or verdict (rather than billed to you during the case). If your case is unsuccessful, most contingency fee arrangements do not make you responsible for advanced cost. But you should confirm with your attorney before signing an engagement agreement.
Free Initial Consultations
Most malpractice attorneys offer a free initial consultation to evaluate whether a potential case has merit. This meeting gives your attorney an opportunity to review the basic facts of your case and identify which medical providers may have deviated from the standard of care for your treatment. They will also assess whether the case justifies the expenses a malpractice claim requires.
This consultation will also give you the opportunity to ask questions and evaluate whether you want to take legal action.
Coates & Johnson offers free consultations for medical malpractice cases throughout New Mexico. We also offer contingency fees in all med mal cases. Contact us to discuss your case and understand your legal options.