One of the first worries most people have about a malpractice claim is whether they can afford to pursue it, followed closely by how long it will take. Both concerns are reasonable, because these cases are expensive to build and slow to resolve. The good news is that the typical fee structure is designed so that cost is not a barrier to getting started. Understanding how fees and expenses work, and what drives the timeline, helps set realistic expectations.
How much does it cost to pursue a malpractice claim?
Most Georgia malpractice attorneys handle these cases on a contingency basis, which means the attorney’s fee is a percentage of any recovery and is owed only if the case succeeds. There is generally no hourly bill and no upfront fee to begin. Separate from the attorney’s fee are the case expenses, the out-of-pocket costs of building the case, which can be substantial in malpractice litigation. In most arrangements the law firm advances those expenses and is reimbursed from the recovery, though the specific terms, including what happens if the case does not succeed, are spelled out in the representation agreement and worth reviewing closely.
What are the main expenses in a malpractice case?
The costs that make these cases expensive tend to fall into a few categories:
- Expert witness fees, often the largest expense, since malpractice cases usually require one or more qualified physicians plus other specialists.
- Medical record retrieval, which can be significant when records span multiple providers and years.
- Deposition costs, including court reporter and transcript fees for sworn testimony.
- Court costs, such as filing fees and other charges.
- Exhibits and demonstratives, including medical illustrations used to explain the case.
These add up quickly, which is part of why attorneys evaluate the likely recovery carefully before taking a case.
Why are these cases so expensive to build?
The expense is driven largely by the requirement for expert testimony. A Georgia malpractice case generally cannot even be filed without an expert affidavit, and proving the case at trial often requires several experts: a physician to address the standard of care, sometimes another for causation, an economist to project financial losses, and a life care planner in catastrophic cases. Each of these professionals charges for their time to review records, prepare opinions, and testify. This cost structure is also why claims with smaller provable damages may not be economically viable to pursue, even when negligence occurred.
How long does a malpractice case take?
There is no fixed timeline, but malpractice cases generally take longer than most other civil claims. The investigation and expert review alone can run several months before anything is filed. Once a lawsuit begins, the discovery phase is usually the longest part, and a complex case can take a year or more to reach trial, sometimes longer. The 2025 tort reform law can extend this further, because a defendant’s early motion to dismiss now triggers an automatic stay of discovery until the court rules. Cases that settle, which most do, often resolve faster than those that go to trial.
What financial risk does the client take on?
The contingency structure shifts much of the risk away from the client at the outset, since there is no fee unless the case succeeds. The area to understand clearly is the case expenses: whether the client is responsible for reimbursing advanced expenses if the case does not result in a recovery, and how those expenses are deducted from any settlement. These terms vary between firms and are set out in the written agreement, so it is worth asking specific questions about both the fee percentage and the handling of expenses before signing.
This overview is general information and is not legal advice or financial advice. Fee arrangements and case expenses vary between firms and are governed by the representation agreement. Anyone considering a claim should discuss the specific financial terms with an attorney licensed in Georgia.