If you’ve been injured in an accident, one of your first concerns is likely: How much is this going to cost me? When you’re hiring a personal injury attorney in Florida, it’s important to understand how legal fees work and whether they change depending on whether your case goes to court.
The short answer? Yes, there can be a difference in how much a personal injury attorney charges depending on whether a lawsuit is filed or the case is settled beforehand. In this blog, we’ll break down the typical fee structure for personal injury cases in Florida and explain how filing a lawsuit can affect your final payout.
Understanding Contingency Fees in Florida Personal Injury Cases
Most personal injury attorneys in Florida work on a contingency fee basis. This means you don’t pay anything upfront. Instead, your attorney collects a percentage of the compensation they recover for you, whether through a settlement or a court judgment.
This fee structure allows injury victims to pursue justice without worrying about hourly rates or upfront costs.
Typical Fee Percentages
Here’s how it usually breaks down:
- Before a lawsuit is filed:
Attorneys typically charge 33⅓% (or one-third) of the settlement amount if the case is resolved without filing a formal lawsuit. - After a lawsuit is filed:
If your attorney files a lawsuit (meaning the case enters litigation), the fee generally increases to 40% of the amount recovered, especially if the defendant files a formal response or if the case goes to trial.
This percentage is regulated by the Florida Bar, which sets guidelines to ensure that attorney fees remain reasonable and transparent.
Why Do Fees Increase After Filing a Lawsuit?
Filing a lawsuit requires significantly more time, resources, and risk on the attorney’s part. Your legal team must:
- Conduct depositions
- Exchange documents during discovery
- Hire expert witnesses
- Prepare for court appearances and trial
- Spend more hours negotiating or litigating on your behalf
These additional steps increase the workload and the financial risk for the attorney. A higher contingency percentage reflects the increased complexity and effort involved.
What About Case Costs and Expenses?
In addition to the contingency fee, there may also be case-related costs such as:
- Filing fees
- Medical record retrieval
- Expert witness fees
- Court reporting services
- Travel expenses
These are typically paid out of the settlement or judgment after the attorney’s fee is deducted. It’s crucial to ask your attorney if they advance these costs (most do) and how repayment is handled.
How Much Will I Take Home?
Let’s say you settle your case for $100,000:
- Without a lawsuit:
- Attorney fee (33⅓%): ~$33,333
- Case costs: ~$2,000 (estimated)
- Your net recovery: ~$64,667
- Attorney fee (33⅓%): ~$33,333
- With a lawsuit:
- Attorney fee (40%): ~$40,000
- Case costs: ~$5,000 (higher due to court involvement)
- Your net recovery: ~$55,000
- Attorney fee (40%): ~$40,000
Every case is different, but this gives you a general idea of how fees and costs can impact your final recovery.
Bottom Line: Ask Upfront
A reputable personal injury lawyer in Florida will clearly explain their fee structure during your initial consultation. Don’t be afraid to ask:
- What is your contingency fee if we settle before a lawsuit?
- What happens if we have to go to trial?
- Do you advance case costs?
- How are expenses handled if we don’t win?
Understanding how attorney fees work, especially when comparing lawsuit vs. non-lawsuit outcomes, can help you make informed decisions and avoid surprises later.
Contact a Florida Personal Injury Lawyer
If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients.
Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Chris received his Juris Doctorate from Florida State University College of Law in 2008, and he was admitted to the Florida Bar in December of 2008 followed by the State Bar of Texas in May of 2009. He has litigated, mediated, and resolved over five hundred first-party storm damage claims, and he has litigated, mediated, and successfully resolved multiple major construction defect claims with recoveries in excess of $1,800,000.00.
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