Fee Structure: No Win, No Pay

Patients and/or families who may be considering a medical malpractice lawsuit are generally overwhelmed with their new circumstances, and with caring for their loved one. They may be wondering how much it will cost them to see a lawyer and obtain legal assistance, and if it is feasible for them to do so in light of the steep financial costs they face. Many do not realize that initially consulting with Sommers Roth & Elmaleh, and even pursuing a medical malpractice claim, will not cost them anything.

Unlike many medical malpractice firms, we operate on a strict contingency fee basis to ensure that help is available to families who need it. Often, firms are reluctant to work on medical malpractice files on a contingency basis because the costs can be astronomical and the process can take years, a period during which the lawyers are not paid. We are not intimidated by the challenge and expense of taking on such files on contingency, and are committed to representing clients in even the most difficult cases.

What Are Contingency Fees?

A contingency fee is an amount paid to a lawyer by a client for the legal services and representation, and are payable only (i.e. contingent upon) a successful resolution of the dispute and a finding in the clients favour. In other words, a client is not required to pay anything upfront and pays only if a financial settlement is reached or they receive damages at trial.

If a settlement is reached, the lawyer’s fee will be a pre-determined percentage of the award or settlement amount. If the client’s case is not successful, the client does not pay the lawyer anything.

In medical malpractice cases, contingency fees allow families devastated by a lifelong injury to be able to take on the very well-funded medical community.

How Can We Help?

At Sommers Roth & Elmaleh, we focus only on medical malpractice cases, and operate on a contingency fee basis in all of our matters. We have been helping clients affected by medical error and sub-par medical services for more than 40 years.

We often invest hundreds of thousands of dollars in each of our clients’ cases. We consult with and retain some of the top medical and other specialists in the world.  We spend months reviewing medical records, interviewing witnesses, conducting research, and gathering relevant evidence. We help our clients navigate each step of the process and are always on hand to answer questions and provide guidance as needed. We rely on our extensive network and reputation for excellence to provide the highest-quality representation to our clients.

This is all done at our expense up front, so that families do not have to pay out of pocket for this costly process. This speaks to our years of experience and confidence that we can help our clients obtain what they need.

Over the years, we have won some of the largest medical malpractice awards in Canadian history and have established precedents that other medical malpractice decisions are now based on.

We have been helping patients and families whose lives have been impacted by medical malpractice for more than 40 years. We have assisted clients in all parts of Ontario and from all across Canada, including Newfoundland, Quebec, Saskatchewan, Alberta, and British Columbia. Call us at 1-416-961-1212 or contact us online for a free consultation.

If you have been affected by medical malpractice in Canada contact us for a free consultation


Please provide us a summary of your case. A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry.