Q: Do plaintiff or the defendants pay the plaintiff lawyer's fee?
Whether there is a settlement before or after trial, can the plaintiff keep the whole settlement and have the defendants pay what would have been the plaintiff lawyer's percentage from it?
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A: No, in Maryland, each side pays his or her own legal fees and expense. Plaintiff pays his/her own legal fees and expenses.
A: In Maryland medical malpractice cases where no settlement is reached, each side is responsible for its own legal fees. However, term "settlement" has a very specific meaning that is relevant to your question. A settlement is when the sides agree on an amount that will be paid, along with the terms and conditions of that payment. This agreement can be reached before, during or even after a trial. As part of the agreement, you can request that the defense pay your legal fees. However, most often, the plaintiff will decide how much money he/she would like to net from the settlement. Using this number, your attorney can calculate how much the defendant must agree to pay in order for you to net your desired amount after fees, costs and liens are deducted.
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