West Collingswood Heights, NJ Personal Injury Law Firms & Lawyers

First, as to your actual question, "What are contingent based attorney fees and costs for a medical malpractice case?" there is no single answer to that question. Contingency fees vary between attorneys. In addition, most attorneys charge a higher percentage the more difficult a case is. Moreover, the likelihood of success also may change the contingency fee percentages. The lower the likelihood of recovery, the higher the fee percentage as the attorney is taking a higher risk that he or she will not receive any money from a case. Costs also differ depending on whether a case settles before a lawsuit is even tried or whether the case goes to trial. Costs may include any or all of the following: filing fees for the lawsuit; photocopies; postage; costs for medical records and/or reports; mileage; expert witness fees; and court reporter fees. This is just a list of the more common costs and expenses; there are many costs and expenses. In most medical malpractice cases, you have to have another doctor, or possibly more than one, willing to testify that the first doctor committed malpractice. Finding and paying doctors for their opinions and testimony is usually very expensive and is typically the largest cost in a medical malpractice case. The retainer agreement you sign with the attorney may list the costs and expenses although typically the agreement will list some as examples. It is hard to predict at the beginning what all the possible costs and expenses will be. Medical malpractice cases are usually more expensive than car accident and other personal injury cases. Second, although you do ask about it, you need to be aware that the statute of limitations for medical malpractice case is generally two (2) years from the date of the negligent (malpractice) act. There are a few exceptions to this rule. One of the exceptions is that if you did not, and should not have, know that malpractice occurred. Under this exception, you generally get 1 year from the date you found out, or should have been able to find out, to file a lawsuit if the 2 year statute of limitations has already expired. Finally, I cannot answer whether you have a medical malpractice case. Although you do provide a lot of information, it is insufficient for me to be able to say that you have a medical malpractice case or not. I also cannot comment on the statute of limitations as you do not provide specific dates. You should consider with an attorney to learn more about your rights, whether you have a case and what the statute of limitations on your case is.

There is a sliding scale based upon the money recovered; it is far less than the 1/3 legal fee for a personal injury case. I am a former federal and State prosecutor and now handle these type of cases.

You need to find an attorney in Pennsylvania, unless this treatment center operates in New Jersey.  You will want to get a personal injury lawyer who will address the failure to supervise other residents of the program.