Hiring a lawyer after an accident can be financially burdensome—especially when you’re already dealing with medical bills and lost wages. For many injury victims, a traditional hourly fee structure is simply not an option. Fortunately, most personal injury lawyers in Florida work on a contingency fee basis.
A contingency fee allows you to get legal representation without paying anything upfront. Your lawyer only gets paid if they successfully recover compensation for you through a settlement or trial verdict. This structure ensures that any injured person can hire a lawyer, no matter their current financial situation.
How Contingency Fees Work in Florida Personal Injury Cases
When you sign a contingency fee agreement with a lawyer, you agree that the attorney’s fee will be a percentage of the amount recovered in your case. You do not have to pay any attorney’s fees unless the case is resolved in your favor.
If your case is successful, your lawyer will receive the agreed-upon percentage from the settlement or jury award. If it’s unsuccessful, you won’t owe your attorney anything.
Typical Contingency Fees
Florida lawyers typically charge a contingency fee of around 33% for personal injury cases that settle before a lawsuit is filed. If a lawsuit is filed or the case proceeds to trial, the contingency fee can rise to 40% or more.
For example:
- Before a Lawsuit Is Filed (33%): If you settle for $100,000, your lawyer would receive $33,000.
- After a Lawsuit Is Filed (40%): If the case is resolved at $100,000 post-filing, they would receive $40,000.
These percentages must be clearly stated in a written agreement, which is required under Florida law.
What Additional Expenses May Be Deducted?
Contingency fee agreements usually address not just attorneys’ fees, but also case-related expenses. These are separate from the attorney’s compensation and may include:
- Court filing fees
- Charges for obtaining medical records
- Expert witness fees
- Deposition and transcript costs
- Costs of accident reconstruction
- Investigator expenses
- Travel costs related to the case
Some law firms advance these expenses and deduct them from your portion of the settlement or award. Others may require that clients reimburse these expenses, whether or not the case is successful. This distinction is critical, and the agreement should specify exactly how costs will be handled.
What Happens if I Lose My Case?
If your lawyer is unable to recover compensation on your behalf, you generally do not owe any attorney’s fees. However, depending on the agreement, you may still be responsible for case costs that were advanced during the process.
Ask your attorney whether the firm will waive all costs in the event of a loss or whether those expenses must still be reimbursed. This should be spelled out clearly in your contract.
Benefits of Contingency Fee Representation
Contingency fees are often considered one of the fairest legal billing methods for injury victims.
Key advantages include:
- No Upfront Costs: You can get started without paying anything out of pocket.
- Aligned incentives: Your lawyer only gets paid if you do, encouraging maximum effort.
- Reduced Financial Risk: If the case is unsuccessful, you owe nothing in legal fees.
- Equal Access to Justice: You don’t have to be wealthy to pursue a valid legal claim.
For people facing serious injuries, unexpected medical bills, or lost income, contingency fees can remove the financial barrier to legal action.
How Contingency Fee Agreements Are Regulated in Florida
Florida lawyers are required to follow strict ethical guidelines when offering contingency fee agreements. These agreements must:
- Be in writing
- Clearly state the percentage the attorney will take
- Specify whether costs are deducted before or after the fee is calculated
- Be signed by the client
- Include a statement of the client’s rights
The Florida Bar requires all attorneys to provide this document, which helps clients understand what they are agreeing to. It also gives clients the right to cancel the agreement within a short window after signing.
What Should You Look for in a Personal Injury Lawyer Who Charges a Contingency Fee?
Not all lawyers who work on contingency deliver the same results. In addition to reviewing the fee agreement, you should consider the lawyer’s:
- Experience with your specific type of case
- Willingness to go to trial if needed
- Record of settlements and verdicts
- Communication practices
- Transparency about costs and outcomes
With a contingency fee model, clients can access top-tier legal representation without worrying about hourly costs or monthly invoices.
Contact Our Fort Lauderdale Personal Injury Lawyers to Schedule a Free Consultation
If you were injured in an accident and are considering legal action, hiring a lawyer on a contingency fee basis gives you immediate access to representation with no upfront cost. At Workman Car Accident & Personal Injury Lawyers, we offer a free consultation and only collect attorney’s fees if we recover compensation for you. Call (954) 361-3997 or contact us today!
