Legal Question in Medical Malpractice in Illinois

I have a malpractice attorney who is charging me 66 percent of any recovery there only suppose to get 33 percent

Asked on 5/01/17, 2:57 pm

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

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Answered on 5/01/17, 5:27 pm
Henry Repay Law Offices of Henry Repay

There is not a specific contingent fee percentage that applies. There may be ethical considerations that apply, but if the attorney is taking on the risk on a more doubtful case, considering its potential value and otherwise considering justifying factors, a decision to charge a higher fee is not, per se, unreasonable. Did you consult other attorneys before finding this attorney to take your case?

All that said, there are not enough facts given for adequate consideration here. Also, is it possible that you are looking at the fees backwards, that the attorney is taking a third and you are due two-thirds? Note, also, that costs come off first and liens for medical bills may apply. With the fee you are mentioning, that could leave you without any remaining recovery. I suggest you have a polite, friendly discussion with your attorney to confirm everything. Keep in mind that it is likely that continuing with the same attorney may prove to be your best course. So, do not make this confrontational, but if you remain concerned, then get another opinion.

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Answered on 5/02/17, 7:12 am

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