Justice is expensive in the United States. Every citizen has the right to seek
redress for his grievances in the courts. The problem is paying the bills.
Lawyers' fees are typically $75 to $400 an hour, and associated costs can
amount to tens of thousands of dollars.
If the lawyer works for a percentage of the plaintiff's award (a contingent
fee), the fee must cover three costs of litigation. The first is the
out-of-pocket costs and the salaries for the support personnel in the lawyer's
office. Out-of-pocket costs include filing fees, court reporters, expert
witness fees, copying charges, and payments for other goods and services
necessary to prosecute a case. In a contested medical malpractice case, these
costs usually run $20,000 to $40,000.
The second is the value of the attorney's time. In a contested malpractice
case, the attorney may invest hundreds of hours of work that will never be paid
for if the suit is unsuccessful. The third component is the uncertainty and
delay in litigation. The attorney must invest time and cash in a case that
might take years to resolve and result in no payment. The attorney may have
$150,000 in direct and indirect costs at risk in a case. Plaintiff's litigation
is a business gamble.
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