Most Houston birth injury lawyers work on a contingency fee basis and do not require upfront payments for legal assistance.
With this structure, your lawyer’s fees are contingent upon obtaining a settlement or verdict. If your lawyer fails to recover money for you, you will generally not owe any fees for representation.
Instead of charging hourly rates or requiring a retainer, a personal injury attorney receives a percentage of any injury award they recover on your behalf. This percentage is agreed upon in advance and should be clearly outlined in your written fee agreement.
This arrangement removes the financial barrier to hiring experienced legal representation when a family may be facing unexpected medical costs related to a birth injury. These cases often require medical experts and detailed economic projections to establish your damages. Few families could realistically afford to pay these costs out of pocket.
Under a contingency agreement, your attorney typically advances all case-related expenses. These may include:
- Filing fees
- Medical record retrieval costs
- Expert witness fees
- Depositions
- Accident reconstruction or medical analysis
- Trial preparation expenses
If the case is successful, these costs are reimbursed from the settlement or verdict. This shifts the financial risk from the family to the law firm.
Contingency fees also incentivize the lawyer to pursue the maximum possible recovery since their fee depends on the outcome of your case.
Other Possible Fee Arrangements
While contingency fees are the standard in birth injury litigation, there are limited circumstances where other arrangements may apply.
Some attorneys may offer hybrid fee structures that combine a reduced hourly rate with a smaller contingency percentage. Others may handle certain related legal services on an hourly basis.
However, for full birth injury malpractice claims involving negligence by doctors, nurses, or hospitals, contingency fee agreements are best practice.
It is important to carefully review any fee agreement before signing. Your birth injury lawyer will explain how fees and costs are calculated and what happens if the case is unsuccessful.
Most Birth Injury Lawyers Also Offer Free Consultations
In addition to contingency fee arrangements, most Texas birth injury attorneys offer free initial consultations. These consultations allow families to speak with a lawyer and learn whether they may have a valid claim.
During your consultation, your attorney may review the facts of your case, discuss the timeline of events, and explain potential next steps. You will also have the opportunity to ask questions about your case and evaluate whether the attorney is a good fit. They will also explain the contingency fee model and discuss all relevant payment terms. Be sure to come to this meeting prepared, with medical records, witness lists, and other relevant information (if possible).
If your child has suffered a birth injury and you are unsure where to turn, contact a Houston birth injury lawyer for help. Hampton & King handles birth injury cases on a contingency fee basis.
We also offer free consultations to help you understand your rights and legal options.