Fee in a Medical Malpractice Case in NYc
How is the Attorney’s Fee in nyc medical malpractice cases? In NY, the statute of limitations is two years and six months. There are some circumstances when this can be extended to three years. For example, if a surgeon leaves a medical device in the patient during surgery, the statute of limitations may be longer, but it’s still not too late to file a lawsuit.
New York City medical malpractice lawyer Jonathan C. Reiter.
The amount of the attorney’s fee in a medical malpractice case in New York is governed by Judiciary Law 474-A. The fee for filing a medical malpractice lawsuit in NYc is generally 30% of the recovered amount. After deduction of expenses, expert testimony, and investigative services, the fee is usually a fraction of the settlement amount. In many cases, the fee for a medical malpractice case can be hundreds of thousands of dollars.
Most medical malpractice attorneys in NYc accept cases on a contingency fee basis, meaning that their fees are contingent on obtaining a court judgment or settlement for their client. In this way, injury victims can get legal representation regardless of their financial situation. The attorneys’ fee is based on the amount of money recovered in the case. The fees and expenses involved in a case are separate from the attorney’s fee.
How Is the Attorney’s Fee in a Medical Malpractice Case in NYc?
In NYc, attorneys’ fees cannot exceed 30 percent of the net recovery. If the case is successful, the attorney’s fee will be reduced to twenty percent of the unpaid medical expenses. It’s worth noting that the attorney’s fee cannot exceed 20 percent of the recovery amount, so it’s best to negotiate with the attorney beforehand. However, the attorney’s fee may be reduced to a level that is reasonable and allows them to recover more money.
In a recent case, a woman suffered brain damage and wrongful death after undergoing a sleep apnea surgery. A physician failed to properly diagnose the woman’s problem, which caused her to suffer from a complication of the surgery. The woman’s leg was amputated because of negligent post-operative care. The woman recovered $4 million in a medical malpractice case in NYc.
There is no such thing as a perfect lawyer. There are always exceptions to the rule. If you are the victim of medical malpractice, your attorney should be compensated for his or her time and effort. The attorney’s fee should be proportionate to the value of your case. Otherwise, the lawyer may advise you to settle the case for less than the amount the court has awarded.
