Birth injury attorney fees are almost always handled on a contingency fee basis — meaning you pay nothing upfront and your lawyer only gets paid if they win compensation for your family.
Here's a quick snapshot of what to expect:
| Fee Type | Typical Amount |
|---|---|
| Pre-lawsuit contingency fee | ~33% of settlement |
| Post-filing / trial contingency fee | ~40% of settlement |
| Upfront retainer or hourly fee | $0 (not standard for birth injury cases) |
| Case expenses if you lose | $0 owed to the firm |
A birth injury is devastating enough on its own. Then come the medical bills, therapy costs, special equipment, and the uncertainty of what your child will need for the rest of their life. The last thing a family should have to worry about is whether they can afford a lawyer.
The good news: you don't have to pay out of pocket to get experienced legal help. Most birth injury attorneys — including those at True North Injury Law — work on a contingency model. If they don't win, you don't pay.
The average birth injury malpractice settlement is around $1 million, according to multiple sources — but what your family actually takes home depends on the fee structure, case expenses, and whether your case settles or goes to trial. This guide breaks all of that down clearly so you know exactly what to expect.
When you’re already balancing the emotional weight of a birth injury alongside mounting medical bills, the idea of "hiring a lawyer" can sound like an expensive luxury. However, in personal injury and medical malpractice, the financial barrier to entry is virtually non-existent.
Most birth injury lawyers operate on what is called a contingency fee basis. This is a "no-win, no-fee" model. Instead of charging you by the hour—which could quickly reach tens of thousands of dollars in a complex medical case—the attorney’s pay is "contingent" on them winning your case. If we don’t secure a settlement or a jury award for you, we don’t get paid for our time.
This model is designed to level the playing field. It allows a family in Salt Lake City or Provo to go up against a massive hospital system with a multi-million dollar legal team without having to spend a single dime of their own savings upfront. For a deeper dive into how this works across different types of cases, you can read more about the cost of hiring a lawyer.
So, what part of the "pie" does the lawyer actually take? While percentages can vary slightly based on the firm and the specific details of the case, the American Bar Association and industry standards generally see fees fall between 33% and 40%.
We know that families dealing with birth trauma are often under immense financial pressure. Between specialized neonatal care and potential lost wages as parents take time off to care for their child, there isn't room in the budget for a legal retainer.
Top-tier birth injury lawyers do not require:
It is important to distinguish between attorney fees (the payment for the lawyer's time and expertise) and legal expenses (the actual out-of-pocket costs of building the case).
Even though you aren't paying the lawyer's hourly rate, a birth injury case costs a lot of money to pursue. To prove medical malpractice, we have to prove that the doctor or hospital deviated from the "standard of care." This requires a mountain of evidence and professional input.
While the attorney fee is a percentage, litigation costs are the specific bills paid to third parties during the process. These often include:
In a standard contingency agreement, the law firm "advances" all of these costs. We pay the experts and the filing fees so you don't have to. If we win, those costs are reimbursed to the firm from the final settlement.
It’s important to understand the difference between a gross settlement and a net recovery.
To see a transparent breakdown of how these numbers look in practice, check out our guide on understanding the true cost of hiring a lawyer.
Not every birth injury case is the same. A case involving a temporary injury like a mild Erb’s palsy might be resolved much faster than a case involving permanent brain damage (HIE) or Cerebral Palsy.
If a hospital admits fault early on, the case might settle quickly, keeping the fee at the lower 33% mark. However, if the medical providers argue that the injury was "unavoidable" or caused by genetics rather than negligence, we have to dig much deeper. This involves more experts, more depositions, and more time, which typically moves the fee into the 40% range.
While Utah law provides specific frameworks for medical malpractice, some states have "sliding scales" for attorney fees. For example, in some jurisdictions, a lawyer might take 33% of the first $500,000 but a smaller percentage of anything over several million dollars. During your consultation, we will explain the specific rules that apply to your case in locations like Salt Lake City or South Jordan.
Sometimes, a local firm might partner with a national birth injury specialist to ensure you have the best resources possible. In these "fee-splitting" scenarios, it does not cost the client more. The two firms simply share the standard 33% or 40% fee.
If a lawyer withdraws from a case, they generally cannot collect a contingency fee, though they may place a "lien" on the case to be reimbursed for the specific out-of-pocket expenses they already paid (like the cost of the medical records they gathered).
The contingency fee model is more than just a payment plan; it’s a partnership. Because we only get paid if you do, our interests are perfectly aligned with yours. We are motivated to secure the maximum possible compensation because our success is tied directly to your recovery.
This model also shifts the financial risk away from the family. If a case goes to trial and a jury somehow finds in favor of the doctor, the law firm absorbs the thousands of dollars spent on experts. The family walks away without owing the firm for those lost costs. You can learn more about what to expect during your free injury consultation.
Experienced birth injury lawyers don't just look at today's bills. We work with:
By investing heavily in these resources upfront, we often secure settlements that are significantly higher than what an insurance company would offer a family on their own.
Before you sign a representation agreement, we encourage you to ask:
While the average medical malpractice payout for birth injuries is around $1 million, severe cases involving lifelong disabilities like Cerebral Palsy often result in much higher settlements—sometimes between $5 million and $10 million. Even after a 40% fee and litigation expenses, these settlements are designed to provide millions of dollars for the child's long-term care, therapy, and financial security.
No. In a standard contingency fee arrangement for birth injury, if there is no recovery, you owe the attorney $0 in fees. Most reputable firms also waive the reimbursement of case expenses if the case is unsuccessful, ensuring the process is truly risk-free for the family.
There should never be "hidden" fees. However, you should be aware of medical liens. If Medicaid or your private health insurance paid for your child’s initial treatment, they may have a legal right to be paid back from your settlement. A good lawyer will handle these negotiations for you, often reducing the amount you have to pay back to the insurance company so you keep more of your settlement.
Navigating the aftermath of a birth injury is one of the most difficult challenges a parent can face. At True North Injury Law, we believe that your focus should be on your child’s health and your family’s well-being—not on how you’re going to pay for a lawyer.
Led by Jake Lee, our team is dedicated to providing client-focused advocacy with the empathy and responsiveness you deserve. Whether you are in Salt Lake City, Provo, or South Jordan, we are here to help you maximize your compensation and hold negligent parties accountable.
If you suspect your child’s injury was preventable, don’t let the fear of birth injury attorney fees stop you from seeking justice. We are ready to stand by your side, handle the insurance companies, and fight for the resources your child needs for a bright future.
Contact our birth injury legal team today for a free, no-pressure consultation. Let us show you the path forward.
