How did the injury occur?
I am very sorry that your boy was injured.
prayers to you and your family -
just ask the atty about fees. it won't offend him. he expects this question.
I always negotiate/haggle with them. They don't mind as they have no soul. Sorry to hear about your son. Best wishes.
My wife is an attorney who does some of this work, and she usually works in conjunction with a very well-known malpractice lawyer. The bottom line is the 60% you wind up with from a great attorney will usually be A LOT MORE than the 66% that you would get from an ambulance chaser.
You should ask the attorney to give full details of cases he has handled that are similar to your's, including the settlements. If he is an accomplished lawyer, he should have no problem with this.
You, your wife and your son are in my prayers.
God Bless
If your son has survived (forgive my presumption), you might consider looking into hyperbaric oxygen therapy (HBOT) to treat him.
Largely unknown or discouraged by neurologists, there are lots of links on the web like hbot.com and oceanhbo.com that may be investigated.
FWIW I am a hyperbaric technologist and routinely treat kids with TBI, CP and other brain injury.
All the best,
Jmy
A contingency fee arrangement would mean the least up-front costs to you. CFAs mean the attorney fronts all court costs and doesn't get paid unless he/she recovers for you.
General rule of thumb (in my area) is that the lawyer gets 33% of any monies recovered from the defendant (via settlement before/without a jury verdict) or 40% of any monies recovered after a jury verdict.
The contingency agreement the med malpractice attorney puts in front of you will be several pages long and complex. At the end it will say something like "We cannot act as your counsel in negotiating with this firm. You acknowledge that you have used your own independant counsel in negotiating this agreement." This means, "although we hope you won't do it, we advise you to hire an attorney to review this in order to cover our asses when you complain about the terms later on."
So, read the contract word for word, and seriously consider hiring a contract attorney familiar with the going rates for contingency fees to review it and explain it to you. He may or may not be able to negotiate better term (often, he will be able to do so), but at least he will be able to tell you what it says and what the risks are. You'll probably spend $300 to $500 for this, but it's worth it. Don't worry, they won't be offended.
Mfreddy, I'm so sorry for your family's suffering this tragedy.
TO answer your question, based on what I know, typically a lawyer will review a case like yours, as apparently is being done. The lawyers usually do these cases on a contingency with fees at 1/3 to 40% of the eventual settlement or award, barring appeals and all that.
Typically the client will be expected to pay reimbursable costs, the most expensive of which would be "expert witness" fees, in this case, other doctors, who would testify about standards of care, etc. If you are going with a big lawfirm, chances are pretty good that they can carry those costs until you either settle your case or receive an award at trial.
Your son is going to require lifetime care that is far beyond what costs of raising him would have been without this situation. If the lawyer finds there is sufficient reason to go forward with a suit, I would definitely do it. Good luck to all of you.
The statement of martin_fierro sounds about right. These percentages vary based on individual state ethics rules, but 1/3 is usually the rate. In all likelihood, the attorney will get all the medical records, hire an independent medical examiner to assess the merits of the case, and if there is a reasonable chance of success will sign on.
The unfortunate thing with a lot of med/mal cases is that if the malpractice is not absolutely clear, the attorney will not take the case due to the significant investment he may have to expend.
Legal issues aside, I wish the best for you and your family.
I have no advice to offer, but I am truly sorry about your son's situation and I will say a prayer for him and the rest of your family. Hopefully, a Freeper will be able to offer some valuable advice. Good luck to you and your son and please keep us updated.
It's really a shame how those people were deprived of the thrill of suing somebody for an accident while helping in a process that is as natural as anything can be and can be done without the assistance of a millionaire doctor in a multimillion dollar birthing unit.
Makes one wander also instead of what it would cost to sue, how much it would have cost for a package of condoms and not caused the pregnancy in the first place.
Why is this a medical malpractice? I'm reluctant to offer advice on protecting you from lawyers who you presume may charge you unreasonable fees in pursuit of possibly extorting damages from a doctor because of a possible act of God.
You have FReep mail.
For a contingency fee case, assume 33 to 40% will go to the attorney. And watch for the costs, as these will be in the tens of thousands of dollars. If you can get the attorney to front those fees, you should think about it if you have near term financial concerns.
Keep in mind that the very best medical malpractice lawyers can pick and choose the cases they want to try and you may be stuck paying the price they demand to get a top shelf med-mal trial lawyer. And that, quite frankly is the key. You have to find someone who tries cases and doesn't try to settle everything because the only lawyers that an insurer takes seriously in evaluating a case are those they know can win in front of a jury.
If you haven't done so already, I would try to find some local lawyers and ask about your prospective attorney's professional reputation. I would also find out if he/she is a member of the American College of Trial Lawyers. If he/she is, then he/she is in all likelihood the real deal. Also go take a look at the lawyer's biography at http://www.martindale.com
When you search for the lawyer's name, check the box next to the line reading "Search Martindale-Hubbell Peer Review Rated Lawyers." If your lawyer has been peer reviewed, his or her grade will be here. You want someone with an "AV" rating. Finally, call your local bar association and ask if the lawyer has ever been the subject of an ethics complaint.
I'd say the best person to ask would be another attorney in the same field... also you can call your local Bar Association and they will tell you what average costs are, keeping in mind that good attorneys tend to cost more than average.
Check your lawyer out. Just because he is famous does not mean he is good. In fact, a less known attorney might actually be better because he may be hungry, and will work harder for you. Research the net to see if you can find anything out about him, and also ask around. You might also want to contact your State Bar Association and Better Business Bureau to see if there have been any complaints.
Usually an attorney will take 40 to 50% of the settlement, but keep in mind that YOU have to pay for all out of pocket costs. Usually an attorney will advance all costs, but if you lose, you will still owe him, so keep track of costs. If it settles out of court you will get 60% less the costs. IF he goes to trial it will be 50% for each of you but YOU still have to pay all the costs.
Another thing to consider is that IF you get a judgment, make sure that your insurance company or anyone who has contributed to the payment of all your medical bills can't be taken from your settlement. I've seen that happen before, so be sure to get enough to cover everything and to provide for your son's care for life. You should consult more than one attorney, and ask questions. Lot's of them.
20-30% + fees if settled
33-40% + fees at trial
Your state bar will set max guidelines.
Most firms will not take a case they don't know they can't at least settle for cash. They should be able to advance all costs, but find out who is responsible for those advanced costs if no award is obtained.
Get everything in writing.
You need to find out what caused the injury before you start suing. Don't put the cart before the horse.