Lawyers’ Fees in Personal Injury Cases

Contingency fee contracts between an attorney and a client are generally recognized as valid if they have two components: (1) payment is contingent on the outcome; and (2) the fee is a percentage deducted from the client’s recovery. The happening of the contingency is a condition precedent to the right of the attorney to recover for his or her services, and the precise event that was contemplated must happen. More specifically, an attorney’s right to a contingency fee is not acquired until the claim in the underlying case is reduced to judgment or settlement. In other words, absent a contrary agreement between the lawyer and the client, attorney’s fees pursuant to a contingency fee agreement should be taken only when the client receives payment. An agreement between attorney and client for a contingency fee cannot be implied but must be a matter expressly contracted for by the attorney and the client. Where an express contingent fee agreement exists between attorney and client, the attorney’s recovery of fees must be based on the contract.

Generally, courts should enforce contingency fee contracts between attorneys and clients as made and even flawed contingency fee agreements can be enforceable. If a contingent fee contract is obtained by fraud, mistake, or undue influence, the contract will be held invalid. Even if a contingent fee contract is found to have been entered into fairly and in good faith and without suppression of fact, it is subject to the scrutiny of the court as to its reasonableness. A contingent fee may be disallowed as between attorney and client in spite of a contingent fee retainer agreement, where the amount becomes large enough to be out of all proportion to the value of the professional services rendered. A reasonable client does not expect that a lawyer engaged on a contingent fee basis will charge a fee equaling or exceeding 100% of the recovery. Additionally, a contingent fee agreement that allows attorneys to receive the entire net recovery in an action up to a certain amount, and splits the excess between the attorney and the client, where the agreement is intended to compensate the attorneys for unpaid fees earned in another matter, is invalid because it allows the attorneys to acquire too much proprietary interest in the client’s action.

How Contingency Fees Work in Personal Injury Cases: A lawyer who enters into an arrangement for, charges, or collects any fee in an action or claim for personal injury or for property damages or for death or loss of services resulting from personal injuries based upon tortious conduct of another, including products liability claims, whereby the compensation is to be dependent or contingent in whole or in part upon the successful prosecution or settlement thereof may do so only under where specified requirements are met. First, the contingent fee contract must contain a provision stating that the client, before signing the contract, has received and read a “Statement of Client’s Rights for Contingency Fees,” understands the rights set forth in the statement, has signed the statement, and has received a signed copy to refer to while being represented by the undersigned attorney or attorneys. The contract also must contain a provision stating that the client may cancel the contract by written notification to the attorney within three business days of the date the contract was signed, and that, if cancelled, the client is not obligated to pay any fees to the attorney for the work performed during that time. In addition, this provision must state that, if the attorney has advanced funds to others in representation of the client, the attorney is entitled to be reimbursed for such amounts as the attorney has reasonably advanced on behalf of the client.

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If your auto insurance company denied your personal injury claim, you may be able to file a lawsuit to obtain the compensation necessary to pay for your medical treatment and expenses. At the law offices of Suarez & Montero Car Accident Lawyers, an attorney can review your policy and the written reason for your denial to ensure that you have a valid claim. After a car accident, it is incredibly important for you to contact a Florida car accident attorney. Every firm is distinctive and auto accident victims have needs that are also distinct. needs are different. The Florida auto accident attorneys at Suarez & Montero encourage you to reach out so that we can explain more about the different ways that our law firm and attorneys can provide legal help and guidance after an auto accident. Make an appointment with us at one of our many locations. Remember, we work on a contingency basis so you will owe us nothing If we are unable to obtain successful results for your case. The attorneys at Suarez & Montero can meet with you to discuss further. always available to talk with you and answer your questions. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.

We serve clients throughout Florida including those in the following areas:

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.

Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.

The Law Offices of Suarez & Montero Car Accident Attorneys represents accident victims injured in various types of accidents including:

• Distracted Driving Accident Lawyers

•Drunk Driving Accidents

• T-Bone Car Accidents

• Road Rage Car Accidents

• Head-on Collisions

• Rollover Accidents

• Rear-end Car Accidents

• Left Turn Accidents

• Failure to Yield Car Accidents

• Sideswipe Accidents

• Merging Accidents

• Lane Change Accidents

• Construction Zone Car Accidents

• Truck Accidents

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• Bicycle Accidents

• Train Accidents

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• Boating Accidents