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When an attorney accepts your medical malpractice case; who will be paying the expenses for prosecuting the case? The lawyer will be charging his fees on contingency basis, which means he will only be paid if you receive any compensation.

When an attorney accepts your medical malpractice case; who will be paying the expenses for prosecuting the case? The lawyer will be charging his fees on contingency basis, which means he will only be paid if you receive any compensation.

His fees will be a percentage of the compensation amount, but what about expenses. Typically, in New York, when a lawyer accepts a medical malpractice case, he and his law firm will go ahead and pay the expenses to prosecute the matter. The law firm will do this with the expectation that when there is a settlement or a verdict, the money they have spent will be reimbursed to them from the compensation amount.

Two Ways Your Case could be Funded

You should also know that there are certain funding companies, whose whole focus is providing funding to law firms. Due to such firms, the attorney will not have to take money out of his own pocket to pay for the case expenses. It is like an attorney going to a funding source like a bank, and asking for a certain amount of money for prosecuting a case. If the case is successful, the funding company will be reimbursed for all the money they have paid out for funding the lawsuit plus interest. Hence the law firm or a funding company are the two primary ways, your medical malpractice case expenses will be funded.

Different Types of Expenses

The attorney or the law firm is not going to approach you every single time when some expenses have to be paid. There will be many different types of expenses during the trial, which have to be paid at that time. Firstly, even before filing a medical malpractice lawsuit, a medical expert will need to confirm the validity of the case, for which he is going to charge fees. Apart from that, there will be many expenses, once the trial starts. The expert witnesses will have to be paid their fees, there will be court charges, presentations to the jury with charts and video will cost money, and there might be other incidental expenses connected with the case.

Hence, rather than coming to you for payment of all these fees, the law firm or the attorney will pay them from his own pocket, or the law firm will use a funding company, which will provide the needed amount for prosecuting the case. Once your case is successful, the law firm or the funding company will be reimbursed from your compensation amount, plus the interest.

Knowing the Costs

If the case is not successful and you do not attain any compensation, then these expenses will have to be reimbursed by you. However, it will mainly depend on what was agreed upon while signing the contract with the law firm. Hence, you need to make sure to clear this matter with the law firm or attorney when you are hiring them. Medical malpractice cases are costly to prosecute, and you should know who is paying these expenses and how this amount is ultimately going to be reimbursed.