Who pays for costs in a malpractice case?

Who pays for costs in a malpractice case?

Who pays for costs in a malpractice case? 150 150 Lauren Ellerman

hospital-hallwayWhen our office meets with potential clients, we discuss how our office will investigate their potential claim, and if we think it is a valid claim, we will hire experts to review the records, and if the experts believe it is a valid claim, we can file a lawsuit.

That is a lot of “ifs” and, sadly, ifs cost money.

Families will incur costs associated with filing a malpractice lawsuit. Some incur costs investigating such a lawsuit. Those costs typically are:

  • Cost of medical records
  • expert review costs
  • copying / driving / long distance call / mailing costs
  • Court filing fees
  • Deposition / court reporter costs
  • More expert costs
  • More medical records
  • More expert costs

Overall – if a case goes to trial, our office will likely spend between $25,000 – $35,000 in costs. While we do not anticipate our clients can pay these costs as they are incurred on a monthly basis, we do ask clients to pay what they can toward costs as our state ethics rules prohibit us from loaning our clients money – and agreeing to cover all of these costs.

Often, you may have a valid case but the potential recovery does not outweigh the cost of litigation. Why spend $25,000 to earn $25,000?

So when a lawfirm discusses the costs of litigation with you, ask questions, be specific. Some states allow for attorneys to loan their clients the money for costs. Some states allow attorneys to incur the costs themselves. Some states prohibit such actions.

It is better to know your rights and expectations, than not. So ask – and then you will be better informed when deciding whether to pursue a case or not.

 

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About the author

Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.

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