Medical Malpractice Lawyer

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 1-844-940-2386 or contact us online

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The information on this page is provided for general information purposes only. It should not be construed as legal advice. It does not constitute legal or other professional advice or an opinion of any kind. Readers should seek specific legal advice regarding any specific legal issues. We do not in any way guarantee or warrant the accuracy, completeness or quality of the information on this page. The posts on this page are current as of their original date of publication, but they should not be relied upon as timely, accurate or fit for any particular purpose.

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    If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
    You pay us nothing unless we win.


    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. All information provided is confidential.

    The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.