Massachusetts Medical Malpractice Contingency Fee Agreement: Understanding the Basics
When it comes to pursuing a medical malpractice case in Massachusetts, the cost of hiring an attorney can be a daunting obstacle for many people. Fortunately, many medical malpractice attorneys in Massachusetts offer contingency fee agreements, which allow clients to pay for legal services only if they win their case.
What is a Contingency Fee Agreement?
A contingency fee agreement is a contract between a client and an attorney, which stipulates that the attorney will only be paid if the client wins their case or receives a settlement. In other words, the attorney`s fee is contingent on the outcome of the case.
How does a Contingency Fee Agreement work?
If you choose to work with an attorney on a contingency fee basis, you will not be required to pay any upfront costs. Instead, the attorney will represent you in your case and will only be paid a percentage of the damages or settlement amount if you win.
In Massachusetts, the percentage that an attorney may charge in a contingency fee agreement is regulated by the state. According to the Rules of Professional Conduct for attorneys in Massachusetts, attorneys may charge a contingency fee of up to one-third of the recovery if the case settles before trial, and up to 40% if the case goes to trial.
Advantages of a Contingency Fee Agreement
One of the most significant advantages of a contingency fee agreement is that it makes legal representation more accessible to those who might not otherwise be able to afford it. Additionally, it can give clients peace of mind, knowing that their attorney is invested in their case`s success.
Another advantage of a contingency fee agreement is that it incentivizes attorneys to work harder on your case, as their payment is entirely dependent on the outcome of the case. This means that they will be motivated to achieve the best possible outcome for their clients.
What to consider when hiring an attorney on a Contingency Fee Agreement
When hiring an attorney on a contingency fee basis, there are a few things to keep in mind. First, be sure to ask about the attorney`s experience in handling medical malpractice cases. You want to make sure that you are working with an attorney who has a track record of successfully representing clients in similar cases.
It`s also essential to understand the percentage of the damages or settlement amount that the attorney will be taking as their fee. Make sure that you are comfortable with the percentage and that you understand the fee structure before signing a contingency fee agreement.
Conclusion
If you or a loved one has suffered due to medical malpractice in Massachusetts, the cost of hiring an attorney should not prevent you from seeking justice. Contingency fee agreements offer an option to those who cannot afford to pay for legal services upfront. With the right attorney on your side, a contingency fee agreement can help you receive the compensation you deserve.