Type of Fee Basis

Many medical malpractice cases are done on what is known as a contingency bases.  A contingency is basically when a lawyer is paid only if and when you get paid from a settlement, and his/her payment is a percentage of your settlement.  This is the best case scenario because you have some assurance that the attorney has a vested interest in your case, and unless s/he is fresh out the box and desperate for exposure, your attorney probably has a strong belief that he/she will be able to win your case (because as previously discussed, the attorney will normally want to foresee a lucrative return on the initial investment that is attributed on your behalf).

The other common form of payment is hourly.  This type of agreement is obviously less favorable than the contingency payment, because the attorney will be paid regardless of whether or not s/he wins your case.  Therefore, there is a loss incentive to handle your case with care.  However, this is not always true; for example, if you see fit to hire a high powered attorney who works by an hourly rate, s/he still has an incentive to win your case in order to maintain her/his good name.

Though the contingency payment is seen as more favorable to the hourly payment, there is a certain advantage to you as the client.  You have room to bargain.  It would be much easier for you to go out and find another attorney than it would be for the attorney to find another client, especially in the current economic conditions.  Therefore, you have the ability to negotiate the limitations and precedents of your agreement.  If you get this chance, use it!