How Malpractice Attorney Contingency Fees Work

Most medical malpractice attorneys work on contingency — they take 33–40% of any settlement or verdict, and you pay nothing if you lose.

This percentage is often negotiable, especially for high-value cases.

Some states cap contingency fees (California limits them to 25% of the first $500,000). Before signing, ask about case expenses (expert witnesses, depositions, medical records) — these are typically deducted from your settlement in addition to the attorney fee..