Nothing is free in this world.

Even filing a lawsuit when your agreement with the attorney is based on his or her success, is not free.

The costs of investigating, filing and pursuing a Medical Malpractice case are great.

What do I mean when I say “costs?”

1. emotional costs – you will be asked to provide the other side with a great deal of information about yourself, even personal information. You will also be asked to articulate how the injury has changed you. You will receive calls, bills and letters from attorneys – and litigation will feel at times, like a full time job. It will be stressful, it might cause anxiety and a few sleepless nights as the other side says they did nothing wrong.

2. financial – although attorneys work on a contingency fee basis, court reporters, experts, and copy machines do not. They have to get paid throughout the lawsuit so you as a plaintiff, will be asked to help make some of these payments. Can you afford $20,000 up front? Me neither but someone has to pay.

Sometimes, we recommend someone not file a lawsuit because the physical, emotional and financial costs of litigation outweigh the benefits.

What do I mean?

Well if we think your injury has healed and your case might be worth only around $30,000 – $50,000, then why would we recommend you spend 2 years in court and $30,000 on expert costs to file suit?

At the end of the day you would owe the lawyers:

And costs of litigation would be

Which leaves you nothing..

Would you be angry to spend two years in Court to receive nada, zilch, zero $0.00?

So occasionally, we recommend families not file lawsuits because it is simply not worth their time. And while it may not be about the money, what is the point of working for two years, to realize no gain?

So please, carefully consider the costs of malpractice litigation before you call and or encourage a loved one to file suit.

Oh, and if you have not been injured at all, there is no lawsuit under Virginia law.

Dan Frith
Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at