HomeNews Legal Representation Medical Malpractice Lawyers Believe Contingency Fees Enable Access to Justice

May 06, 2021 in News --> Legal Representation

Medical Malpractice Lawyers Believe Contingency Fees Enable Access to Justice

medical malpractice lawyers contingency fees

Contingency fees are an important part of most Ontario medical malpractice lawyers’ jobs. Under contingency agreements, lawyers agree to accept a percentage of the amount recovered via settlement or court decision; clients do not pay up-front fees, and the lawyers do not get paid if they are unable to secure compensation.

The main reason medical malpractice lawyers work on contingency is to ensure access to justice for injured patients. Medical malpractice cases are extremely complex and notoriously difficult for the plaintiff side to win in Ontario. They require significant up-front investment, the hiring of expert witnesses, and they rarely finish quickly – in fact, most take years to resolve. If clients were required to cover years of legal costs in advance of receiving compensation, justice would be denied to all but the very wealthy.

Even with contingency fees being the norm for most personal injury and medical malpractice lawyers in Ontario, many Canadians still feel priced out of legal services. As Trevor Farrow, Osgoode Hall Law School professor and chair of the Canadian Forum on Civil Justice, told CBC News New Brunswick in March, a majority of Canadians experiencing legal issues turn to alternative resources – the internet, friends and family, religious advisors – before seeking help from a lawyer.

“About 80 per cent of people with legal problems access some other kind of help other than lawyers,” Farrow said. “And the number one reason why people deal with their own legal matters that people cite is typically cost. It’s just really expensive to get legal help.”

In New Brunswick, contingency fees have been capped at 25 per cent of the amount recovered since 1997. Some lawyers in the province see the cap as a barrier to justice, particularly in the case of complicated medical malpractice claims.

“Lawyers are finding that they just couldn’t economically take cases like that unless they were very big or very easy – not with a 25 per cent contingency,” Moncton lawyer Darren Blois, who chaired a Law Society of New Brunswick committee on the subject, told the CBC.

In Ontario, contingency fees are capped at 50 per cent of damages recovered, per the Ontario Trial Lawyers Association (OTLA).

At Neinstein Personal Injury Lawyers, our medical malpractice lawyers provide experienced, capable legal representation to Ontarians that have been injured in medical settings. Our team has decades of experience handling complex medical malpractice cases – reach out today if someone in your family believes they have a claim.

 

Image: Shutterstock

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N.V. & K.H Medical Malpractice Lawyer Testimonial from N.V. and K.H.
"We were referred to Duncan through a relative who happens to be a lawyer and has knowledge of the trauma that we were experiencing at the time. Our daughter was born with a traumatic brain injury at delivery and we were clueless about our options but felt we needed to speak to someone and at least explore different possibilities.

Duncan was the second lawyer we met with but immediately felt he would be the best person to represent us. We could tell from the beginning he had immense medical knowledge because of his many years of experiences as a medical malpractice lawyer and we connected with Duncan as a person and a parent; he was very personable.

Throughout the four-year journey we embarked on Duncan became more of a family member than a just a lawyer. It was an extremely complex process that needed not only legal expertise but also leadership and Duncan always put our family first. One of the most important attributes that Duncan possesses outside of his legal skills is his ability to understand our family dynamics and keep us informed at every step of the way.

This case was literally our life for over four years. The stress was absolutely enormous and Duncan advocated for us as if he was advocating for his own family. Too many times he had to deal with not only an impossibly frustrating defense counsel but also our short tempers, frustrations and fears. He balanced all this and kept us focused on what was important while he took care of the legal process, which he knew inside out. My wife and I would reassure ourselves that we trust Duncan and his amazing team and that literally got us through some very trying times.

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During that period, I spent a lot of time with Daniela and a lot of time with Duncan. They came to my home many times to go over things with me and my wife; they took care of the whole legal process for me.

I feel that after 5 years we have more than a professional connection; we developed a strong friendship. I feel more than just a client; I feel like they care about me, my family and my welfare. The way he talks about his clients is very endearing. He is a very compassionate man and he remembers all details about his clients which is very reassuring. You couldn't ask for two people to represent you better than what they did. They just don't exist. Over all those months, that I went through the discovery, pre-trial and trial other lawyers would come up to me and say "You are a fortunate man, Duncan is one of the best lawyers you are ever going to get" and that wasn't just one time, it was several times that other lawyers came up and told me that. I always felt very confident in working with Duncan. He changed my life for the better and for that I am so grateful."
 
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J.R. Medical Malpractice Lawyer Testimonial from J.R.
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D.D. Medical Malpractice Lawyer Testimonial from D.D.
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