Legal Question in Medical Malpractice in California

I am questioning costs

I saw a lawyer and was told I would have to pay all costs for requesting records, cost to have a witness, all filing fees. If this is on a contingency basis why do I have to pay all these fees?? I am on workmans comp from a work related injury. I had 2 back surgeries that did not work. I had titanium pins put in my back then removed. One broke inside of me and I am suing the compnay that made the pins.

Is 40% of what I get the standard lawyer fee?

Asked on 1/25/01, 11:13 am

2 Answers from Attorneys

C. David DuMond Law Offices of David DuMond

Re: I am questioning costs

Are you sure the lawyer is asking you to advance these costs? Due to old laws and customs and current ethic rules, lawyers are not allowed to absorb a client's litigation expenses. But very often an attorney will advance those expenses, and then recoup them from the settlement or judgment collected. So, maybe you want to look for another lawyer, especially concerning the product liability problem. A contingency fee of 40% is fairly standard, but often lawyers will negotiate a lower fee if you ask them, especially if they believe your case is a good one.

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Answered on 3/08/01, 8:58 am

Re: I am questioning costs

You certainly may negotiate fees and find a lawyer who would advance costs for a promising case. I am very sorry to hear of your plight, i.e., your medical condition and what you endured. Please contact me directly at (619) 222-3504.

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Answered on 3/08/01, 10:41 am

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