How Much Does a Medical Malpractice Attorney Cost?

Medical malpractice attorneys work on contingency — meaning no upfront cost to you. They take 25%–40% of the final settlement or verdict, with 33% being most common. On a $400,000 settlement, that's $132,000 in attorney fees. Even after fees, represented plaintiffs receive 3–4 times more than those who negotiate alone. Case expenses (expert witnesses, medical records, depositions) typically run $15,000–$80,000 and are usually advanced by the attorney and deducted from the settlement. Expert witnesses alone can cost $5,000–$50,000 because medical malpractice cases require specialists in the same field as the defendant. Some states cap contingency fees — California limits fees to 25% of the first $500,000 recovered. Before signing, ask: What is your contingency percentage? Does it increase at trial? Who pays case expenses? How many malpractice cases have you handled? What is your trial record? The most important factor is finding an attorney with specific medical malpractice experience — not just a general personal injury lawyer — because these cases require deep knowledge of medical standards of care and access to credible expert witnesses.