Legal Question in Medical Malpractice in Tennessee

Fees

I plan on filing a Medical Malpractice suit. What type of fees and cost can I expect to incur from an attorney? I have been told that standard is 1/3 of any judgement. If this is standard does it encompass all costs or can I expect to hand over more to the attorney?


Asked on 2/02/01, 12:56 pm

3 Answers from Attorneys

Alan Crone Crone & McEvoy, PLC

Re: Fees

1/3 is pretty much standard. You must also pay for any expenses incurred preparing your case. Such cases can be very expensive.

The questions you have asked are very important. I help individuals through very difficult issues like yours.

I cannot answer questions, give legal advice, or quote fee rates over e-mail for several reasons. First, in order to answer questions, I may need to ask you several questions or review documents. Also, because there is no confidentiality with e-mail, some authorities have said that I would be in violation of ethical restrictions. Additionally, if you are already represented, I need to know that in order to ethically render legal advice. Finally, please understand that I make my living rendering legal opinions.

Feel free to call Karen Nickelson, my paralegal, at (901) 527-5522, and set an appointment for an in-person consultation or a telephone consultation. Karen will be glad to assist you with any additional questions about our services or fees.

Additional information may be found about my firm or me at:

Crone & Mason, PLC -

www.cronemason.com

Thank you,

Alan G. Crone

Crone & Mason, PLC

Eight S. Third St., Fifth Fl.

Memphis, TN 38103

[email protected]

www.cronemason.com

(901) 527-5522

(901) 529-1432 fax

[This e-mail contains confidential information for the addressee. Do not read, copy or disseminate this communication unless you are the intended addressee. If you receive this e-mail by error, please contact the sender by reply e-mail or by phone at 901-527-5522 (collect if you wish). This e-mail is not, nor shall it be deemed to be, legal advice or counsel, unless the recipient already has an attorney-client relationship with Crone & Mason, PLC or me. This email does not create an attorney-client relationship.]

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Answered on 3/19/01, 10:45 am
William Poland Law Offices of William H. Poland

Re: Fees

The typical attorney's fee is one-third of the gross recovery. Malpractice cases are so very staunchly defended by hospitals and doctors that the expenses of getting the cases to trial can be enormous depending on the type of case it turns out to be. I would say that the "average" expenses would be in the range of $20-$30,000 unless the malpractice is terribly obvious. Attorneys will typically advance these expenses and recoup them at the conclusion of the case....Call if questions....Bill Poland

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Answered on 3/19/01, 11:19 am
Marc Reisman Rosenblum & Reisman, P.C.

Re: Fees

You have a right to negotiate a fee with your attorney. You will be asked to sign a fee agreement which should clearly spell out how litigation expenses are handled. Some lawyers ask for the expenses to be paid up front. Some will allow you to reimburse them at the end of the case. Some lawyers might not charge you for out of pocket expenses if the suit is unsuccessful and others might demand reimbursement regardless of the success on the merits. You have a right to know about all of this before you retain an attorney. Ask him or her. Good luck.

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Answered on 3/19/01, 6:20 pm


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