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3. You want to hire me because you went to your doctor for medical care, and he did more harm than good, causing you very serious problems and prolonged hospital care. Again, you want the contingency fee agreement, but this time I ask you to obtain all the necessary medical records and reports so I can evaluate the merits of your case before deciding whether or not to take it on the basis of a contingency fee. You understand the risks involved for both of us, and agree to spend $1,500 out of your own pocket to gather this important information, with the understanding that if I don't take your case, either I will refer you to other counsel for a second opinion, or you will seek a second opinion on your own. But let's say I agree to take your case, and then have to advance you $23,500 out of my own pocket to bring the case to Court and fully prepare for trial because the doctor, his insurance company, and his lawyer do everything in their power to mount a strong defense. Finally, your case settles "on the courthouse steps", or gets resolved as the result of a trial, for $475,000. You would receive a $1,500 reimbursement for your out of pocket expenses, and I would receive a $23,500 reimbursement for mine. Then, I would receive a $150,000 fee (33 1/3% of the $450,000 balance), and you would receive the remaining $300,000 in compensation for your injuries.
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