I have been talking to an attorney about an injury I sustained. I'm not sure what exactly a contingency fee is or how I pay it. But also, I wondering if I have to pay whatever the attorney says I have to pay? (Posted by Chuck12 on the Forum.)
Editor's Response:
In general, a contingency fee is a percentage of the amount of money the plaintiff (you) is awarded in damages. If the plaintiff is not awarded any damages, then the attorney does not collect a fee. The fee is taken directly from the money paid by the defendant, before the plaintiff receives anything.
The percentage is negotiable, is determined before the attorney takes the case, and would be specified in a written agreement. So, yes, if you agree to pay a certain percentage, you are bound to pay it. However, Massachusetts law limits attorney fees to 40% of the first $150,000 recovered, 33% of the next $150,000, 30% of the next $200,000, and 25% of any recovery above $500,000. If you are unsure about the amount the first attorney you talked to wants to charge, talk to another attorney. For more information or to post a question, visit our MA Medical Malpractice Discussion Forum.