Introduction
Hiring a medical malpractice attorney in Hawaii is an essential step for victims seeking justice and compensation. However, many potential clients hesitate due to concerns about legal fees. Understanding how Hawaii medical malpractice lawyer charge for their services can help you make informed decisions.
Types of Attorney Fee Structures
Contingency Fees: No Win, No Fee
Most medical malpractice attorneys in Hawaii work on a contingency fee basis, meaning clients do not pay upfront costs. Instead, the lawyer only gets paid if they win the case or secure a settlement.
Typical Contingency Fee Percentages
In Hawaii, contingency fees for medical malpractice cases typically range from 30% to 40% of the final settlement or court award. The percentage may vary based on:
- Case complexity
- Trial vs. settlement
- Time and resources invested by the attorney
Hourly Rates: Less Common for Malpractice Cases
Some attorneys may charge an hourly rate, especially for consultations or case evaluations. This can range from $200 to $500 per hour, but it is rare for medical malpractice lawyers to use this structure due to the high costs involved.
Flat Fees: Rare in Medical Malpractice Cases
A few attorneys may offer flat fees for specific services, such as filing paperwork or reviewing medical records. However, since medical malpractice cases are complex, flat fees are usually not the primary payment model.
Additional Costs in a Medical Malpractice Case
Court Filing Fees
Filing a medical malpractice lawsuit in Hawaii requires court fees, which vary based on the case and jurisdiction. These fees are usually included in the overall legal costs.
Medical Expert Witness Fees
Malpractice cases often require expert testimony from medical professionals who can validate claims. Expert witness fees can range from $250 to $1,000 per hour for consultations and trial appearances.
Investigation Costs
Attorneys need to gather medical records, consult with experts, and conduct depositions. These costs can add up to thousands of dollars but are usually covered by the law firm until a settlement is reached.
What Happens If You Lose the Case?
With contingency fee agreements, clients do not owe attorney fees if they lose the case. However, some agreements require clients to cover court fees, expert witness costs, or other expenses, even if the lawsuit is unsuccessful.
Conclusion
Understanding how Hawaii medical malpractice attorney fees work helps victims navigate the legal process without financial fear. Most attorneys work on a contingency basis, meaning they only get paid if they win. Before hiring a lawyer, always review the fee structure and potential costs to ensure you are comfortable with the agreement.
