Most malpractice cases are handled on a contingency fee basis, which means that you only have to pay the attorney a fee for his services if he obtains a recovery for you, either by settlement or trial. If he does not obtain a recovery, you owe him nothing for his services. Under almost all circumstances you will have a written contract with your lawyer that spells out the details of the attorneys’ fee agreement. The exact percentage charged will vary from state to state and region to region because of differences in state laws, bar regulations, and custom. Probably the average fee is between thirty percent (30%) and forty percent (45%) of the recovery. Keep in mind that there may be restrictions on the maximum a lawyer may charge, but there is no minimum required fee. If your case is good enough and the damages are big enough you may be able to negotiate for a lower fee than normally charged. Beware though, there are considerable differences between the skills and experiences of lawyers. Ask yourself, “if I needed brain surgery would I want the guy giving discounts on brain surgery this week because he doesn’t have enough work, or would I want the best?” Remember, a contingency fee lawyer is completely free to you until there is a recovery and a top notch lawyer has a better chance of getting a top dollar recovery for your injury. If you lose the case it makes no difference if the fee was going to be forty (40%) or going to be ten percent (10%). You will still recover nothing.