If you were harmed by medical care in Atlanta and are worried about what a lawyer would cost, the fee structure matters before you decide anything. Our Atlanta medical malpractice lawyer can explain in a free consultation how fees and case costs would work in your situation. Moriarty Medical Malpractice Lawyers prepared this guide to explain contingency fees in general terms, so you know what to ask before signing any agreement.
What a Contingency Fee Is
A contingency fee is a fee that depends on the outcome of the case. Instead of billing by the hour, the attorney receives a percentage of any settlement or verdict. If there is no recovery, there is no attorney fee.
The percentage is set in a written agreement signed at the start of the representation. Some agreements use one percentage for the whole case, while others use different percentages depending on whether the case resolves before a lawsuit, after filing, or after trial. The Georgia Rules of Professional Conduct govern how lawyers set and explain these fees, including the requirement that a contingency fee agreement be in writing.
Why Malpractice Cases Carry High Up-Front Costs
Malpractice cases usually cost more to prepare than other injury claims. The expenses begin before a lawsuit is filed.
- Medical records. Georgia sets the maximum fees providers may charge for record requests made by attorneys and other third parties. The rates in effect from July 1, 2025 allow up to $25.88 for search and retrieval, up to $9.70 to certify each record, and a per-page copying charge that starts at $0.97. Hospital charts in hospital negligence cases can run to hundreds of pages, and a negligent blood transfusion claim may also require blood bank records.
- Qualified medical review. Georgia requires a qualified physician’s sworn statement to be filed with the complaint, as explained in our guide to the affidavit of merit. A late cancer diagnosis, for example, may require a review by a physician in the specialty that should have ordered testing and a second review of how the delay changed the outcome.
- Proving damages. Future losses often require life care planners and economists. In birth injury claims, those projections can cover a child’s entire lifetime.
- Litigation expenses. Filing fees, service of process, deposition transcripts, and trial preparation add to the total.
These cases also take time. Our guide to Atlanta case timelines explains why many malpractice cases take longer than a typical injury claim.
Attorney Fees Compared With Case Costs
The attorney’s fee and the case costs are two different things. The fee pays for the lawyer’s work. Case costs pay for records, medical reviews, filing fees, depositions, and similar expenses.
In many contingency arrangements, the firm advances case costs as the case moves forward and is repaid from any recovery. The agreement should state whether those costs are deducted before or after the percentage is calculated. That choice changes the amount the client receives. When costs are subtracted first, the percentage applies to a smaller number, which leaves more for the client.
What Happens If the Case Does Not Succeed
Under a contingency fee arrangement, the client does not owe an attorney fee if there is no recovery. Whether the client owes anything for case costs depends on the written agreement. Read that section carefully and ask the attorney to explain it before you sign.
A case may not succeed for several reasons. The records may not support a breach of the standard of care, the evidence may not show that the error caused the harm, or a jury may find for the provider. An honest review at the start helps you understand these risks before you commit to a claim.
Questions to Ask Before Signing a Fee Agreement
- What percentage applies, and does it change if the case goes to trial?
- Are case costs deducted before or after the fee is calculated?
- Will the firm advance case costs, and are they owed if there is no recovery?
- Who will handle the case day to day?
- How will you keep me informed about costs and progress?
Free Consultations
A consultation with our attorneys is free and carries no obligation. It is a chance to describe what happened, learn whether your records warrant a closer review, and ask about fees and costs. Our guide on when to hire a lawyer explains what the consultation covers and why an early review matters under Georgia’s filing deadlines.
Moriarty Medical Malpractice Lawyers represents patients and families in Atlanta and nearby communities, including Forest Park. Contact us to schedule a free consultation.
Contingent attorneys’ fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.
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