What Fees Do Personal Injury Lawyers Charge in Florida?

Hiring a Florida personal injury lawyer may influence your case’s outcome if you seek compensation after sustaining injuries. However, understanding legal fees before entering into a contract with a lawyer is essential.

Florida personal injury attorneys often work on a contingency fee basis. How much an attorney charges in legal fees may vary depending on several factors. Per the Florida Bar, personal injury attorney fees may range from 33 ⅓ percent to 40 percent for compensation of up to $1 million. 

What Is a Contingency Fee?

A contingency fee depends on a lawyer winning a client’s case. A client entering a contingency fee agreement doesn’t pay any upfront legal fees. Their lawyer’s fee is a percentage of the compensation they receive.

Contingency fee agreements prevent clients from taking on unreasonable financial risks when they hire Florida personal injury attorneys. Clients don’t have to pay any fees if they don’t receive any money. Such an agreement is ideal when clients face medical bills, lost wages, and more.

A contingency fee model also incentivizes lawyers to fight for appropriate compensation. An attorney who enters contingency fee agreements knows the more money they recover, the more they earn.

Do Contingency Fees Vary Depending on the Settlement Amount?

Recovery amounts and how far a case goes can affect contingency fees. Rule 4-1.5 of the Florida Bar breaks down what Florida personal injury attorneys may charge.

If an injured party receives compensation before a defendant files an answer to a lawsuit complaint, a personal injury lawyer’s contingency fee may be up to:

• 33 ⅓ percent for up to $1 million
• 30 percent for compensation between $1 million and $2 million
• 20 percent of any compensation over $2 million

If the case is settled after the defendant has filed an answer or an appointment of arbitrators is demanded, a lawyer’s fee can increase up to:

• 40 percent for up to $1 million
• 30 percent for compensation between $1 million and $2 million
• 20 percent of any compensation over $2 million

In cases where the defendant admits liability but disagrees on the amount of damages, a lawyer can charge up to:

• 33 ⅓ percent for up to $1 million
• 20 percent for compensation between $1 million and $2 million
• 15 percent of any compensation over $2 million

A personal injury lawyer can add 5 percent if a case is appealed or legal action is required to collect the judgment.

The Florida Bar also outlines limitations on contingency fees depending on the cases lawyers handle. For example, in a medical malpractice case, a lawyer can charge a maximum of 30 percent for compensation up to $250,000. They may charge a maximum of 10 percent for any additional compensation beyond that.

The above limitations may not apply if a client signs a notarized document consenting to pay more than the maximum. When signing any documents relating to legal fees, ensure you thoroughly understand their terms.

Are There Additional Fees Other Than the Contingency Fee?

A contingency fee agreement covers legal fees. It may not cover additional legal costs a Florida personal injury lawyer might charge. Examples of such additional costs include:

• Court fees – You may pay an extra fee to file a lawsuit in court. Other court expenses, such as juror stipends, might incur more costs.
• Expert witness fees – A Florida personal injury lawyer may hire an expert to review your case and testify on your behalf. For example, perhaps you’re attempting to sue for emotional distress in Florida. Your lawyer could strengthen your case by hiring a mental health professional to explain the nature of your distress. However, you may have to pay an additional fee to hire an expert witness.
• Administrative fees – Personal injury attorney fees cover a lawyer’s legal services. They might not cover the cost of travel and other administrative expenses.

Different lawyers have different policies regarding these fees. When hiring them, ask your lawyer about this topic to be confident you know what you might pay.

Will the Fees Be Agreed Upon Between Me and My Lawyer?

The law requires a Florida personal injury attorney to let you know about all fees. Be aware that the explanation for the fees you might pay could be found in your contingency fee agreement. Review it thoroughly and only sign a contract when you understand all the details.

Do Some Personal Injury Attorneys Charge by the Hour?

Some personal injury lawyers in Florida may charge by the hour. However, you should be careful when entering into an agreement with such an attorney. With no guarantee they’ll win your case, you could pay them for hours of work without receiving compensation yourself.

However, there are some instances when hiring a personal injury lawyer who charges by the hour may be acceptable. For example, perhaps a lawyer isn’t handling your entire claim. They’re only offering assistance with a minor aspect of your case, like drafting a demand letter. You may hire a lawyer by the hour in these circumstances.

Are Personal Injury Fees Different Than Divorce or Criminal Case Fees?

Legal fees generally qualify as fees for a lawyer’s legal services and time. Personal injury attorney fees, in particular, may differ from divorce or criminal case fees in several ways, such as:

• Divorce lawyers and criminal lawyers usually don’t enter into contingency fee agreements. This is because there is no compensation to claim a percentage of when a case ends.
• Clients may pay upfront legal fees when hiring family law attorneys or criminal lawyers. While not unheard of, this is less common when clients hire personal injury attorneys.
• Clients typically must pay their family law or criminal attorney regardless of a case’s outcome. If a personal injury lawyer doesn’t win a client’s case, the client may not have to pay.

You may have hired a different type of lawyer in the past. Be aware that hiring a personal injury attorney might involve different legal fees than you’re used to.

Contact a Florida Personal Injury Lawyer

At Zervos & Calta, PLLC, our Florida personal injury lawyers believe clients deserve to understand all aspects of their cases. We’d be happy to explain our fee structure if you consider hiring us. Get started today by calling or contacting us online for your free case review.

Visit Our Florida Personal injury Law Offices

About the Author

Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 25 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.