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Video – Attorney Mark Kaire Explains Attorneys Fees In Medical Malpractice Lawsuits

Video – Attorney Mark Kaire Explains Attorneys Fees In Medical Malpractice Lawsuits

Ray Hrdlicka – Host – Attorneys.Media


You touched an issue that I was about to ask. How does legal fees, your legal fees as an attorney, come into play in medical malpractice?

Mark Kaire – Medical Malpractice Attorney – Miami-Dade County, FL


It’s the same as any other personal injury case. We are entitled to take a percentage of the settlement and we take 33.3% if the case is not filed, and 40% of the settlement if a lawsuit is filed, and those are fees that are set and regulated by the Florida Bar.

Ray Hrdlicka – Host – Attorneys.Media

Oh, I didn’t realize they were regulated. In a number of other states, they’re not. If you go to trial, does it change?

Mark Kaire – Medical Malpractice Attorney – Miami-Dade County, FL


No, it’s the same filing for purposes of the 40%. That gets triggered when a complaint is filed in the court. It doesn’t necessarily require going to trial. The very act of filing a complaint and the defendant filing an answer to that complaint triggers the 40% fee.

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Contact Attorney

999 Brickell Ave
PH 1102
Miami, FL 33131

Phone: 305-372-0123

Mr. Kaire is a proud member of the “Million Dollar Advocates Forum” and the “Multi Million Dollar Advocates Forum,” an exclusive group of trial lawyers who have achieved settlement or verdicts in excess of $1 million and $2 million respectively. Mark Kaire has been recognized by Best Lawyers In America, Americas top 100 Personal Injury Attorneys, The National Trial Lawyers Top 100 Trial Lawyers, Florida Trend Legal Elite, and The American Board of Trail Advocates. ABOTA is a national association of experienced trial lawyers and judges. ABOTA and its members are dedicated to the preservation and promotion of the civil jury trial right provided by the Seventh Amendment to the U.S. Constitution. ABOTA membership consists of more than 7,600 lawyers-equally balanced between plaintiff and defense-and judges spread among 96 chapters in all 50 states and the District of Columbia. ABOTA is an invitation-only organization. Members must have at least five years of active experience as trial lawyers, have tried at least 10 civil jury trials to conclusion and possess additional litigation experience. Members must also exhibit the virtues of civility, integrity and professionalism by following our Code of Professionalism and Principles of Civility. He is also an Eagle Member of the Florida Justice Association.

Mark Kaire has lived in Miami since 1972. He attended the University of Florida as an undergraduate student, then the University of Miami Law School. He was married in 1994 and now has three kids – two girls and one boy.

Outside the office, Mr. Kaire is an avid cyclist. He frequently competes in races in North Carolina, Utah and South Florida. In addition, he speaks fluent Spanish.

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