By Hendrickson Law | Medical Malpractice Attorneys for Missouri Patients
If you have been seriously harmed by medical negligence, one of the first questions on your mind is likely a practical one: how do I pay for this? Hiring a lawyer sounds expensive. Expert witnesses sound expensive. A lawsuit that may take years to resolve sounds very expensive.
The contingency fee system exists precisely to answer that concern — and to make sure that the courtroom door is not closed to patients simply because they cannot afford to pay an attorney by the hour.
Here is how it works.
The foundational principle of the contingency fee is simple: if there is no recovery, there is no attorney's fee.
You do not pay a retainer. You do not receive monthly invoices. You do not owe anything for the attorney's time spent reviewing your records, consulting with experts, filing motions, taking depositions, or preparing for trial — unless the case results in a settlement or a verdict in your favor.
If the case does not succeed, the attorney absorbs the cost of the time and work invested. That is the risk the attorney accepts in exchange for the right to a percentage of the recovery if the case succeeds.
This arrangement is not charity. It is a business model built around a shared interest: the attorney is financially motivated to achieve the best possible result, because the attorney's own compensation depends on it.
When a case resolves — whether by settlement or verdict — the attorney receives a percentage of the total amount recovered. That percentage is agreed upon at the outset and spelled out in a written fee agreement that you sign before the representation begins.
In medical malpractice cases, the percentage is typically higher than in routine personal injury matters. There is a straightforward reason for this: malpractice cases are among the most complex and expensive litigation in the civil justice system. They require qualified physician experts whose fees alone can run into tens of thousands of dollars. They involve massive volumes of medical records. They demand deep expertise in both medicine and law. They take years to resolve. And they are vigorously defended by hospital systems and insurance companies with essentially unlimited resources.
The percentage the attorney charges reflects that reality.
One important distinction that patients often do not know about: the contingency fee percentage is frequently higher if the case proceeds to an actual trial rather than settling beforehand.
This is not arbitrary. Taking a case through trial requires an enormous escalation of time, preparation, and resources on the attorney's part. Witness preparation, exhibit development, jury selection, courtroom presentation, and post-trial motions all add layers of work that a pre-trial settlement does not require. The higher trial fee reflects the fact that the attorney is taking on substantially more risk and committing substantially more resources when a case goes the distance.
Your fee agreement will specify both the settlement percentage and the trial percentage. A good attorney will walk you through both numbers clearly before you sign.
This is one of the most commonly misunderstood aspects of malpractice representation, and it is worth understanding clearly.
The contingency fee covers the attorney's compensation for legal services. It does not cover the out-of-pocket costs of litigation — and in a medical malpractice case, those costs can be substantial. They typically include:
In virtually all malpractice cases, the attorney advances these costs on the client's behalf as the case progresses. If the case is successful, the contingency fee is calculated first on the gross recovery, and case costs are then reimbursed from the remaining amount. This is an important detail that affects how you should think about your net recovery, and a reputable attorney will walk you through the math with a concrete example before you sign anything.
If the case is not successful, the question of who bears those costs depends on the terms of your specific agreement — another reason to read it carefully and ask questions before signing.
The contingency fee is not just a billing arrangement. It is a mechanism for access to justice.
Medical malpractice litigation is expensive in a way that most other civil cases are not. A serious malpractice case may require multiple expert witnesses, each charging hundreds of dollars per hour, in addition to years of an attorney's time. If patients were required to pay for that by the hour, virtually no one outside the wealthiest tier of society could afford to bring a legitimate claim.
The contingency fee system means that a patient who was catastrophically injured by a negligent surgeon has the same access to the legal system as a corporation with a legal department. The strength of the case — not the client's bank account — determines whether the case moves forward.
It also means the attorney has every incentive to be selective. Because the attorney absorbs the costs and time if the case fails, a contingency-fee malpractice lawyer does not take weak cases. When Todd Hendrickson agrees to take a case, it is because a thorough review of the records and the medicine has convinced him that the case has real merit. That selectivity is itself a form of quality control — and it is one of the things that distinguishes attorneys who focus exclusively on medical malpractice from those who treat it as one category among many.
Before you sign any fee agreement, a reputable malpractice attorney should do the following:
If an attorney is reluctant to explain the fee structure plainly, or pressures you to sign quickly without taking time to review the agreement, that is a reason to look elsewhere.
The contingency fee system exists because injured patients deserve representation regardless of their financial circumstances — and because holding negligent healthcare providers accountable requires attorneys willing to invest serious time and resources on the front end.
At Hendrickson Law, Todd Hendrickson handles every case personally and explains the fee arrangement directly and in plain terms before any agreement is signed. There are no surprises, no hidden costs, and no pressure. If the case is worth taking, he will tell you why. If it is not, he will tell you that too.
Call Hendrickson Law today at (314) 721-8833 or visit www.hendricksonlaw.com for a free, confidential consultation.
There is no cost to call. There is no obligation to proceed. And there are no fees unless your case results in a recovery.
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