In Florida, personal injury lawyers typically charge between one-third (33.33%) and forty percent (40%) of the overall settlement or recovery. Usually, the fee is one-third if the case can be resolved pre-suit, before a lawsuit is filed. The fee typically goes up to 40% if a lawyer has to file a lawsuit with the court and push the case into litigation.
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Our law firm handles Florida personal injury cases on contingency. This means that representation is free unless we win. In other words, we don't get paid unless we recover money for you.
In this article, we'll take a closer look at how personal injury lawyers in Florida typically charge for their services. We will cover what you need to know about entering into a contingency fee arrangement with a law firm and how lawyers are typically paid in injury and death cases in Florida.
How Do Personal Injury Lawyers Get Paid in Florida?
In Florida, most personal injury lawyers charge what is known as a contingency fee. This means that the lawyer's fee is contingent, or dependent, on the outcome of the case. If the lawyer is successful in obtaining a settlement or verdict on behalf of the client, they will receive a percentage of the total amount recovered as their fee. If the case is unsuccessful, the lawyer will not receive any fee.
Contingency fees are beneficial for clients who may not have the money to pay for legal services upfront. Instead, they can hire a lawyer to represent them without having to pay anything out of pocket. This can be particularly helpful for those who are struggling with medical bills, missed work, and other expenses related to their injury.
The percentage charged by personal injury lawyers in Florida can vary, but it typically ranges from 33% to 40% of the amount recovered, depending on when the case resolves and whether the case goes to court.
Do Florida Personal Injury Lawyers Get Paid Back Expenses from the Settlement?
Personal injury lawyers in Floirda typically receive their fee from the settlement or recovery, as well as any costs or expenses incurred throughout the case. These expenses can include any costs related to preparing and/or presenting the case. Some typical case costs include:
- Police reports
- Medical records
- Filing fees
- Court costs
- Mailing fees
- Expert witness fees
The typical personal injury attorney will cover these expenses upfront and then deduct them from the settlement or verdict amount if the case is successful. However, if the case is unsuccessful, different firms do things differently. Some may expect to be paid back their case costs, while others may be willing to forgive those costs.
At Spetsas Buist, we take the risk on your case. In other words, we don't get paid anything unless we recover money for you, period.
Do Personal Injury Lawyers Charge Interest on Case Costs in Florida?
Some Florida personal injury lawyers charge interest on case costs. When the case settles, they take their fees, costs, and interest on the costs out of the settlement. Typically, firms that charge interest on case costs charge an annual rate of 18%, which works out to 1.5% monthly.
Our firm doesn't charge interest on case costs, and we aren't the only firm that does this for our clients. Other firms do it too. You should always read through a personal injury lawyer's fee agreement to make sure you know whether they're planning to charge you interest on case costs.
What Rule Governs How Much a Personal Injury Lawyer Can Charge in Florida?
Rule 4-1.5 of the Rules Regulating the Florida Bar sets forth guidelines and requirements for contingency fees in order to ensure that they are reasonable and fair. Rule 4-1.5 does not set out specific percentages that lawyers must charge for contingency fees. Instead, the rule requires that the percentage charged must be reasonable under the circumstances.
Under Rule 4-1.5(f)(4)(B)(i) of the Rules Regulating the Florida Bar, the fees that are allowed without court approval include the following.
Pre-Suit (Before Filing the Lawsuit)
If a recovery is made before a lawsuit is filed or after a lawsuit is filed but before the defense files an answer, lawyers in Florida can charge the following contingency fees without court approval:
- 33 1/3% of any recovery up to $1 million; plus
- 30% of any portion of the recovery between $1 million and $2 million; plus
- 20% of any portion of the recovery exceeding $2 million.
These are the typical pre-suit contingency fees that lawyers charge in Florida personal injury cases.
In Litigation (After Filing the Lawsuit)
If a recovery is made after the defense files an answer or after the defense fails to file an answer within the time period allowed:
- 40% of any recovery up to $1 million; plus
- 30% of any portion of the recovery between $1million and $2 million; plus
- 20% of any portion of the recovery exceeding $2 million.
These are the typical contingency fees that lawyers charge in Florida personal injury cases once a case enters the litigation phase.
Some Lawyers Charge Hourly Rates for Time Spent on Personal Injury Cases
While contingency fees are the most common way personal injury lawyers in Florida charge for their services, some may also charge an hourly rate. This means that the lawyer will bill the client for the actual time spent working on the case, regardless of whether the case is successful.
Typically, a personal injury attorney will not charge an hourly rate in Florida. However, they may decide to charge for their time if you switch to another lawyer. Charging for their time is a way that personal injury lawyers discourage their clients from leaving them.
Hourly rates for personal injury lawyers in Florida can vary widely, but they typically range from $250 to $500 per hour. In Florida, the amount a personal injury lawyer can charge for time spent on a case, or an "attorney lien," is subjective, but it must typically be reasonable. In other words, the attorney needs to be able to justify the amount he or she is charging.
You should discuss fees and billing arrangements with any lawyer you are considering hiring before you sign a contingency fee agreement. Your lawyer should be upfront and transparent about their fees and answer any questions you may have about their attorney fees. With the right lawyer on your side, you can focus on your recovery and let your lawyer handle the legal process. That’s what we’re here for: to get you the money you deserve and take the legal burden off your shoulders.
Contact Us Today: lawyers that don't get paid unless you win
If you have been injured and suffered permanent scarring because of the negligence or carelessness of another party, you should speak with an experienced Florida personal injury lawyer as soon as possible because you may be entitled to compensation. You can contact us online or you can call our Orlando, Florida law office at (321) 346-7590 to schedule your free consultation.
At our firm, we handle personal injury cases on a contingency fee basis, which means you don't pay anything unless we recover money for you. In other words, representation is free unless we win.