How Contingency Fees Work in Florida

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A contingent fee contract is one where the lawyer agrees to represent the client for a percentage of the client’s financial recovery. The attorney fee is contingent upon the amount of money awarded in the case.

As Orlando auto accident and personal injury attorneys, we recognize that the mere idea of paying a lawyer’s fees plays a major role in a person’s decision to seek legal help. This is especially true in hard economic times. When a victim of serious personal injury has a hard time making ends meet, is barely getting by—they still need the highest quality legal help and deserve fair compensation.

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The contingency fee arrangement allows for this to happen. There is no up-front payment. If the attorney is not able to win a recovery for you, you do not pay any fees at all. This arrangement makes it possible for every person, every family—no matter how financially distressed they may be—to have access to good personal injury attorneys.

The contingency fee provision also becomes a great motivator for an attorney to vigilantly pursue the best possible settlement or judgment for the client.

What Rules Do Personal Injury Attorneys Follow for Setting Fees?

As we mention in the video, the Florida Supreme Court orders how contingency fees work in personal injury cases. The statute is complex and the percentage of contingency will vary. A very basic synopsis is as follows:

Before Filing an Answer:

For a personal injury case that settles before the defendant answers a lawsuit complaint:

  • A fee cap of 33 1/3% is placed on a settlement of up to $1 million;
  • For settlements that exceed $1 million the cap is incrementally reduced by 10%;
  • The defendant has a window of 20 days to answer the complaint.

After Filing an Answer:

If the defendant answers the lawsuit complaint within the 20 days, or if the case goes to trial and the injured party succeeds in getting a judgment, the cap changes:

  • The plaintiff’s attorney may accept 40% of the contingent fee up to $1 million;
  • If the settlement amount or judgment is more than $1 million, the percentage amount paid to the lawyer is reduced in percentage increments as set forth by the Florida Supreme Court.

If you have suffered a serious personal injury, or the wrongful death of a family member, contact TK Law to have your case reviewed at no cost by our seasoned lawyers. There is nothing to risk, and much to be gained by talking with us.

TK Law wants to assure those who come to us needing legal help will get it. We are happy to discuss payment options with you, explain in detail how contingency fees work, and review your personal injury case and any other legal issue. In addition to contingency fees, we offer payment plans and accept credit cards.

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