We can give you some general information about fees and expenses in a Virginia medical malpractice case. Each case is different, and you should fully discuss attorney fees and expenses before proceeding with a medical malpractice case.
Attorneys typically work on a contingent fee basis. This means that they will be paid a percentage of any recovery from the defendant. This percentage typically varies from 33% to 35% of the recovery. This percentage is typically taken "off the top" or from the gross amount paid by the doctor, hospital or insurance company.
There are expenses in every medical malpractice case. "Expenses" are what your attorney pays out of his or her pocket for things like medical records, expert witnesses, exhibits, court reporters and the like.
Attorneys will often advance a portion or all of these expenses. However, each case is different. The attorney is assessing the likelihood of winning the case and the amount of time and money he or she will be investing in the case. You should have a full discussion with your attorney before proceeding with a medical malpractice case.