Medical Malpractice | November 30, 2022

How Can I Afford to Hire a Medical Malpractice Lawyer?

Have you been considering hiring a medical malpractice lawyer, but are concerned you can’t afford one? Don’t let the fear of not being able to afford a medical malpractice lawyer hold you back from hiring one!

Many medical malpractice lawyers work on contingency, meaning you don’t owe them anything until your case is complete.

In this article, we’ll explain:

What contingency fees are.
Why medical malpractice lawyers work on contingency.
How your lawyer gets paid if they win your medical malpractice case.

At Sommers Roth and Elmaleh, we believe that everyone is entitled to justice, which is why we offer a free consultation and our lawyers work on contingency.

What is a contingency fee?

Usually, when you hire a lawyer, you have to pay them a retainer to secure their services. Then, you have to pay their hourly fee for any hours they work beyond the cost of what the retainer covers.

When you hire a lawyer that works on contingency, you do not have to pay them a retainer or an hourly fee. Instead, you will eventually pay what is called a contingency fee.

The way a contingency fee works is that a client only pays their lawyer if their lawyer wins the case. The lawyer will then be entitled to a predetermined percentage of the settlement amount that the client is awarded. Clients are never required to pay lawyers that work on contingency anything up front, nor are they required to pay anything if their case is unsuccessful.

Why do medical malpractice lawyers work on contingency?

Medical malpractice lawyers work on contingency to ensure everyone has access to justice. They will not pursue a case if they are not confident of winning it, but understand that most people would not have the money required to pay for months or even years of a legal action up front.

Medical malpractice cases are costly because of all the work that goes into them. Medical malpractice lawyers and their firms need to review medical records, talk to witnesses, gather evidence, and hire medical experts.

By working on contingency, medical malpractice lawyers ensure that everyone can access justice, instead of just the very rich. Our goal is to ensure that everyone who needs to file a medical malpractice suit knows they have the ability to do so with professional help.

How does my lawyer get paid if they win my medical malpractice suit?

As we mentioned, if your medical malpractice lawyer works on contingency, they do not require any money upfront, and they do not get paid if they lose your case.

The amount that contingency fees are capped at will vary from province to province. When you enter into an agreement with a lawyer who works on contingency, you will agree to pay your lawyer a certain percentage of the settlement you receive after they win your case.

Your lawyer’s percentage often depends on how complex the case is. The most that a lawyer can charge for a contingency fee is 50% of the damages recovered. While this may seem like a very high amount, keep in mind that you are not paying upfront for all of the time and effort involved in a court case that could take years.

Can I afford to hire a medical malpractice lawyer from Sommers Roth and Elmaleh?

The answer to this question is a resounding yes! At Sommers Roth and Elmaleh, our medical malpractice lawyers are lawyers that work on contingency. This means that you pay nothing upfront and owe us nothing until we win your case.

If you are unsure if you want to pursue a medical malpractice case, we offer a free consultation at Sommers Roth and Elmaleh to get advice about your case.

We are committed to representing clients, regardless of their financial status. This is why we are so passionate about offering our services as lawyers who work on contingency. We have over 40 years of experience in pursuing medical malpractice cases, and have won some of the largest malpractice settlements in Canadian history.

By working on contingency, we ensure that we have the necessary resources to pursue your case correctly. We will cover all the costs associated with your medical malpractice case, such as obtaining insurance records, hiring medical experts familiar with your situation, and gathering evidence.

No matter what type of medical malpractice case you have, whether it’s a medical misdiagnosis or a birth injury, our lawyers who work on contingency can help guide you.

The Most Important Things to Know About Medical Malpractice

Medical malpractice occurs when a health care provider (such as a doctor or nurse) gives their patient substandard care that causes the patient harm.

Some of the most common types of medical malpractice are:

A delayed diagnosis where a doctor does not diagnose a patient in a timely manner.
Medication errors where a patient is given the wrong dosage of a medication or a completely wrong medication.
Birth injuries such as fractures and skull injuries.
Medical equipment left behind in a patient after surgery.

In a medical malpractice lawsuit, the plaintiff must be able to prove that they received substandard care and that the substandard care contributed to them being injured. Medical malpractice lawyers hire medical experts to help them argue their cases and obtain compensation for their clients.

Contact Us to Learn More

Don’t avoid hiring a medical malpractice lawyer because you think you can’t afford one. For a free consultation, call Sommers Roth and Elmaleh at 1-844-777-7372 or contact us online.

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See Our Lawyer's Reviews

Hilt this Tamrate

23 May 2023

Dear Mr Hilik Y. And Jeremy Syrtash. I would like to express my deepest gratitude to you and Sommers Roth and Elmaleh Professional Corporation staff for all you have done with respect to my wife case. My wife was a victim of Medical Malpractice after giving birth to our daughter. She become legally disabled both physically and mentally. The entire family devastated emotionally as my wife struggle to cope with the new reality. The case of Medical Malpractice is quite often a complex case to prove. However, due to your strong commitment, knowledge and dedication combined with strong professionalism the case was successfully won after a long arduous fight. The victory would not have been possible without your dedication and thorough research in the implementation of the standards of the Sommers Roth and Elmaleh Professional Corporation. Justice prevailed at last which in turn allowed my vulnerable wife to feel more optimistic about her future and that of our family. The positive outcome of this case has changed our lives forever. It would not have been possible without the excellent representation of Sommers Roth and Elmaleh Professional Corporation and its legal counsel. My wife and I will be deeply grateful for the successful outcome of this case for many years to come. Solomon Regassa

Hector Cardenas

4 January 2023

I would like to take this opportunity to express my most sincere gratitude towards Sommers Roth & Elmaleh, from the day I met with Hilik and his team, they been not only highly knowledgeable but also extremely sensitive towards me and my family, providing us with the best legal service possible. It goes without saying, that I strongly recommend them to anyone looking for a charismatic, quality and result oriented legal team.

JERRY ZHOU

10 October 2022

We deeply appreciate Sommers Roth & Elmaleh for their professional skills and hard-working through the whole process of my son’s case. I still remember the first conversation we took with Mr. Hilik Y Elmaleh in his lawyer office sixteen years ago. From then on, your dedication, patience, understanding and continuous communications kept our encouragements and expectations for my son and our family. With the case settled down, my son can receive the full financial support, continuous therapies and finishing his university course. It is no doubt to say that Sommers Roth & Elmaleh not only changed our family’s life but also did contributions to the society, because my son can grow in a happy and health way in his teenage and receive university education from this autumn. Again we hereby strongly recommend the services provided by the lawyer office Sommers Roth & Elmaleh to those who needs the similar legal consultation and support. Even the door of your family was closed by some unfortunate events, there are more windows can be opened. The lawyers in Sommers Roth & Elmaleh are exactly the people who can open the windows and convert the sun-shine again to your family: Mr. Hilik Y Elmaleh，Mr.Jeremy Syrtash, Miss Fanny Peter ...etc. Finally, we express the deepest gratitude and appreciation again to Mr. Hilik Y Elmaleh and lawyer office Sommers Roth & Elmaleh. Wish a brighter future of Sommers Roth & Elmaleh !

Meggie Zhangkrk6hdjybfjt

6 October 2022

I am so glad that my son's CP medical case was completely successful. I appreciate lawyer Hilik Elmaleh, Jeremy Syrtash, Fanny Peter and their team's hard work. They are so knowledgeable, responsible and reliable. Thanks is not enough to express my gratitude. Mr. Hilik Elmaleh deserves "The Best Lawyer in Canada" award.

Tony Zhou

29 September 2022

I would like to extend my gratitude towards Mr. Hilik Elmaleh, Jermey Syntash, and Fanny Peter for their dedication, time, effort, and knowledge invested into my case. This is honestly the best team of lawyers in Canada. I would highly recommend them for any of your cases.

Dianne Keckes

18 July 2022

I would like to take this opportunity to thank our daughter's "Dream Team", Hilik Elmaleh, Jeremy Syrtash and Fanny Peter. The compassion, dedication, knowledge, experience and their recognition in the legal community have ensured us that we were on the right track working with the firm Sommers, Roth and Elmaleh. Words cannot express enough my gratitude! I will be forever grateful!

Ivica J Sokic

6 June 2022

Thank you does not begin to express the depth of gratitude I have for Sommers Roth & Elmaleh Professional Corporation. From the first day I sat in Hilik's office, not once did I feel apprehensive. My concerns and worries were put at ease due to the kindness and compassion of Hilik, Jeremy and Fanny and their relentless persistence to secure my daughter's future. This has been a long but successful endeavor during some difficult times and through it all, the Team has been resilient, informative and were always available. I highly recommend this dedicated and professional law firm and I will be forever in their debt.

Arden Melnechuk

1 December 2021

I was in a serious horse accident where the horse was injured and should never have been ridden. The owner of the horse was aware that the horse had chronic arthritis issues and the veterinarians at Guelph had told him the horse could decompensate at any time and could cause serious injury whether being led or ridden and could never be jumped again. The horse had been shown at the grand prix level and the owner had payed quite a bit of money for him. After consulting with several lawyers and having one that did represent me at the discoveries who later quit, Jeremy Syrtash took on the case and followed through with guelph university. That is how we found out that the vets had recommended the above. Without Jeremy's efforts and follow through the case would never have continued on. Because of these efforts the case was successful. Thank you so much Jeremy. You are a dedicated, thorough, excellent lawyer and it's been a pleasure to have you as my lawyer!!

Megha Sharma

16 April 2021

Mr. Elmaleh and his team are very professional and experts in their field. Recommend to everyone who has suffered medical negligence.

Nick & Whitney Maraschiello-Basnett

18 July 2020

We want to start by saying how much we highly recommend Sommers, Roth and Elmaleh for anyone who is dealing with a situation involving medical malpractice. Hilik and the entire firm have allowed us the opportunity to give our little girl the life she deserves. There is no taking back what happened, but they truly turned such a tragedy into a victory. They fought long and hard, and put forth so much time and effort into making the individuals accountable and responsible for the mistakes that were made. They always showed true compassion for our family, guided us with ease, and supported us through every step. This was such a life changing experience with the firm, and honestly we will always be forever grateful and thankful.