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How Much Does a Personal Injury Lawyer Cost in Florida?

November 27, 2024
Jack Fine

If you have been injured and are considering filing a personal injury claim, you may be wondering, “How much does a personal injury lawyer cost?” Having a firm understanding of the costs that are involved in hiring an attorney is crucial when deciding how to move forward with your case. In Florida, most personal injury lawyers work on a contingency fee basis, which means you don’t pay anything upfront, and your lawyer only gets paid if you win your case. 

What is a Contingency Fee?

A contingency fee means your lawyer only gets paid if they win your case. You won’t need to worry about upfront costs or paying by the hour. Your lawyer’s fee will be a percentage of the settlement or compensation you receive. This type of arrangement is common in Florida personal injury cases because it allows you to focus on your recovery without stressing about legal bills.  

How a Contingency Fee Works

With a contingency fee agreement, you and your lawyer will agree on the percentage they’ll take from any money you win in your case. In general, if you don’t win, you won’t have to pay anything for legal fees. However, there may still be other costs involved, like court fees or expert witness expenses, even if the case doesn’t go your way. This incentivizes your lawyer to work diligently to get the best outcome for your case, as their payment depends on it. 

Contingency Fee Limits in Florida: Rule 4-1.5 of the Florida Bar

Rule 4-1.5 of the Florida Bar sets guidelines to ensure that contingency fees are fair and reasonable. This rule outlines the maximum percentages personal injury attorneys can charge, depending on the recovery amount and how far the case progresses. For example, fees may be lower if the case settles early but can increase if it goes to trial. 

Compensation Before Defendant Files a Response

If your case settles early, before the defendant files a formal response to the lawsuit, the lawyer’s contingency fee will be based on how much you recover. This fee is tiered, meaning the percentage decreases as the settlement amount increases. 

Here’s how it breaks down: 

  • 33 ⅓% of the first $1 million
  • 30% between $1 million and $2 million
  • 20% for amounts over $2 million

Settlement After Defendant Responds or Arbitration Begins

If your case settles after the defendant has filed a formal response to the lawsuit or after arbitration has been initiated, the contingency fee structure changes. Since more legal work is involved at this stage, the lawyer’s fee will often increase. 

Here’s how it works: 

  • 40% of the first $1 million
  • 30% between $1 million and $2 million
  • 20% for amounts over $2 million

Disputes on Damages After Liability is Admitted 

In cases where the defendant admits fault but disagrees with the amount of damages you should receive, the contingency fee structure is a little different. Since the responsibility for the injury is no longer in question, but the amount of compensation is still being debated, the lawyer’s fees are capped at lower rates. 

Here’s how the fees break down: 

  • 33 ⅓% of the first $1 million
  • 20% between $1 million and $2 million
  • 15% for amounts over $2 million

Are There Any Costs Besides the Lawyer’s Contingency Fee?

While your lawyer’s contingency fee covers their payment, there may be other expenses that come up during a personal injury case, like court costs. These costs are separate from the lawyer’s percentage and can add up as the case progresses. It’s important to discuss these potential costs with your attorney upfront so there are no surprises later on. 

Common additional costs may include: 

  • Court filing fees: Charges for submitting paperwork to the court. 
  • Expert witness fees: Paying for specialists to provide testimony or expert opinions. 
  • Medical records and reports: Costs for getting documentation related to your injury. 
  • Administrative fees: Things like photocopies, postage, and other office-related expenses. 
  • Investigation costs: Fees for gathering evidence or hiring investigators. 

In some cases, law firms will cover these expenses for you and then deduct them from your settlement. Other times, you might be expected to pay them as the case moves forward. Make sure you understand how your lawyer handles these expenses and that it’s clearly outlined in your fee agreement. 

Alternative Fee Structures Lawyers May Use

While contingency fees are common in personal injury cases, they are not the only way lawyers charge for their services. Depending on the type of case or law firm, you might come across other fee structures, like hourly rates and flat fees.  

Hourly Rates

Some personal injury lawyers charge by the hour, meaning you pay for the time they spend working on your cases. The hourly rate can depend on the lawyer’s experience, and you’ll be billed for every hour they work on your behalf. This includes whether they are in court, on the phone, or researching your case. 

While hourly rates can be more predictable, the costs can add up quickly depending on how involved the case is. It’s important to be cautious with this type of agreement in personal injury cases. Since there is no guarantee your case will be successful, you could end up paying for hours of work without receiving any compensation. 

Flat Fees

In other cases, lawyers might offer a flat fee. A flat fee is a one-time payment for handling the entire case. This is more common for straightforward cases, where the scope of work is clear from the beginning. While a flat fee gives you certainty about the cost, make sure you understand exactly what services are included in the price. Sometimes, additional work or unexpected complications could lead to extra fees. 

Contact Fine, Farkash & Parlapiano, P.A. For Your Personal Injury Case

When you work with the experienced personal injury attorneys at Fine, Farkash & Parlapiano, P.A., you won’t have to worry about upfront legal fees. We only get paid if we win your case so you can focus on your recovery stress-free. 

If you’re still unsure about how contingency fees work or if you need experienced representation for your personal injury case, we’re here to help. Our team is committed to fighting for the compensation you deserve. Contact us today for your free consultation. 

Sources: 

Contingency Fee | Cornell Law School

Consumer Pamphlet: Attorneys’ Fees | The Florida Bar