Law Offices of John P. DiBartolo, Jr. - Personal Injury Law for Western Massachusetts and the Greater Northampton, Springfield and Greenfield Areas

Attorney Fees for Medical Malpractice

Pursuant to Massachusetts General Laws Chapter 231 Section 60 I, attorneys' fees recovered in medical malpractice cases are not to exceed:

(1) 40% of the first $150,000.00 recovered;
(2) 33.33% of the next $150,000.00 recovered;
(3) 30% of the next $200,000.00 recovered; and
(4) 25% of any amount by which the recovery exceeds $500,000.00.

Serious Injury

A person must be seriously injured in order to bring an action for non-economic damages related to injuries sustained in a motor vehicle accident which occurred in Massachusetts. Massachusetts General Laws chapter 231 section 6 D, allows such an action to be maintained only if the reasonable and necessary expenses incurred in treating such injury are in excess of $2,000.00* unless such injury:

(1) causes death, or
(2) consists in whole or in part of loss of a body member, or
(3) consists in whole or in part of permanent and serious disfigurement, or
(4) results in such loss of sight or hearing.

*The $2,000.00 requirement includes expenses for: medical care, hospital care, surgery, x-rays, dental services, ambulance services and professional nursing services.