How Do I Find a Contingency Lawyer for a Failed Knee Replacement in Utah?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
Could you refer me to an attorney who only gets paid if I win? I have had a knee replacement, then had to have it repaired, and I believe it needs to be repaired again. There was no accident involved. I do not have documentation yet, but I saw my X-ray yesterday and it showed the implant is not sitting correctly, which explains the pain.
Yes I am looking for a contingency lawyer. And there has been no accident. I dont have documentation as of yet. I just saw my xray yesterday and saw that its not sitting correctly which explains all tbe pain.
Attorney Answer
Since there was no accident, what you are describing, a knee replacement that needed repair and may need repair again because it "is not sitting correctly," sounds like it could be a surgical or implant problem rather than an injury claim, which points toward a medical malpractice or product liability inquiry rather than a general personal injury case.
Contingency fee attorneys are common in these types of cases. Under Utah's rules for attorneys, a contingency fee agreement has to be in writing and typically means the lawyer only gets paid a percentage of what you recover, and nothing if the case does not succeed. You may still owe certain case costs, like obtaining medical records, even if the case does not win, so ask any attorney you speak with to explain exactly how fees and costs work before you sign anything.
Medical malpractice claims in Utah, which fall under the Utah Health Care Malpractice Act, come with real procedural hurdles. Utah generally requires sending the healthcare provider a formal notice of intent to sue before a lawsuit is filed, and cases typically go through a pre-litigation review process before they can proceed to court. These steps have their own timing rules, so an attorney needs to get involved well before any filing deadline to do them correctly.
Documentation will matter a lot here. You mentioned you do not have records yet but did see an X-ray showing the implant is not positioned correctly. That X-ray, along with your full surgical records, the repair surgery notes, and current imaging, will be central to evaluating whether this is a viable malpractice claim versus a known risk of knee replacement surgery, which can happen even without anyone doing anything wrong.
What can help right now:
1. Request complete copies of your medical records from both the original surgery and the repair, including the surgeon's operative notes. 2. Get a copy of the X-ray you saw, along with the radiologist's written report if one exists. 3. Contact a Utah medical malpractice attorney soon. Most offer free initial consultations and work on contingency for these cases. 4. Ask directly about the notice and pre-litigation review process so you understand the realistic timeline.
Utah medical malpractice claims generally must be filed within two years of when you discovered, or reasonably should have discovered, the injury, and no more than four years after the surgery that caused it, so do not wait to get this evaluated.
This is general legal information, not legal advice. A Utah medical malpractice attorney can review your records and X-rays and tell you whether you have a viable claim.
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Courts & Legal Aid in Utah
- File or look up a case through the Utah State Courts, which serves the state.
- Get free civil legal help from Utah Legal Services.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
What is the difference between a contingency fee and paying hourly for a lawyer?
With a contingency fee, the attorney only gets paid a percentage of what you recover, so you do not pay attorney fees if you lose. You may still be responsible for certain case costs regardless of outcome, so it helps to ask upfront exactly what those could include.
Does a knee replacement that needs repair automatically mean malpractice happened?
No. Some complications and revisions happen even with proper surgical care, since joint replacements can wear out, loosen, or need adjustment over time. A malpractice claim requires showing the provider's care fell below the accepted medical standard and caused your specific injury.
What should I bring to a consultation with a malpractice attorney?
Bring or request copies of your surgical records, the repair surgery notes, your recent X-ray and any radiology report, and a timeline of your symptoms and pain since the first surgery. The more documentation you have, the faster an attorney can evaluate your case.
