How Much Does a Personal Injury Attorney Cost?

The attorney-client relationship begins when a prospective client meets with an attorney to seek legal advice regarding an injury arising out of an accident. Some of the most common personal injury case types are slip and falls, trip and falls, medical malpractice, premises liability claims, workplace accidents, and product liability cases to name a few. The client has the final say when it comes to determining the purposes to be served by legal representation within the limits imposed by Florida law and the lawyer’s professional obligations. Generally, the client determines the objectives of the representation, and the attorney decides the means to reach the client’s objectives, upon consultation with the client. This basically means the lawyer has the authority to make most of the decisions relating to the strategy and methods for achieving the client’s goals. In most cases, the client may want to file a legal claim to recover damages to pay for medical expenses, lost wages, etc. A personal injury lawyer can manage civil court proceedings in the event that a lawsuit needs to be filed or can work to negotiate an out of court settlement. In actuality, most personal injury claims never make it to court because in most cases, a personal injury attorney can work with the opposing side to reach a settlement before a lawsuit needs to be filed. In most cases, obtaining a settlement is the most favorable outcome as  civil court proceedings are often drawn out and can take years to resolve. Additionally, filing a lawsuit can be expensive as there are filing fees and court costs that must be paid.

What is a Contingency Fee Agreement?

Many prospective clients often ask, “How much does it cost to hire a personal injury attorney?” When it comes to the cost of hiring a personal injury lawyer in South Florida, the legal system allows an injured victim to obtain legal representation without the need to pay legal costs out of pocket. Instead, it allows for a personal injury lawyer to enter into a contingency fee agreement with the client. A contingency fee agreement is a type of fee agreement whereby the compensation is dependent or contingent upon the successful prosecution or settlement of the underlying claim. This type of fee arrangement is most common in cases involving personal injury, property damages, death resulting from personal injuries based upon the negligence of another, including products-liability claims, medical malpractice claims, wrongful death claims, workplace injuries, property insurance claims, etc.

Legal Requirements for Contingency Fee Agreements in Florida

You should be aware of the legal requirements that are applicable to contingency fee agreements under Florida law. As for contractual provisions, a contingency agreement in Florida must contain a provision titled “Statement of Client’s Rights” which basically states that the client received, read, and comprehends the contractual arrangement they are signing. The provision also affirms that the client received a signed copy of the agreement and that contingency fee agreement can be cancelled within 3 business days. If cancelled, the client is not obligated to pay the attorney any fees for work performed during the three-day cool down period. It is important that if you don’t understand a contract provision, you make sure you ask or consult with another attorney before signing. The lawyer must afford the client a full and complete opportunity to understand each of the provisions of the contract. To sum it up, you have certain rights under a contingency fee agreement including: the right to have the contract in writing; the right to cancel the contract within three business days; the right to have information about the attorney’s education, training, and experience; the right to report the attorney if the client believes that the lawyer has charged an illegal or excessive fee; and the right to make the final decision regarding settlement of the case.

How are Contingency Fees Calculated in Personal Injury Cases?

The contingency fee schedule that is applicable to your case can differ based on the stage of your personal injury case. If the case is settled after the filing of an answer or the demand for appointment of arbitrators (or if no answer is filed or no demand for appointment of arbitrators is made, then after the expiration of the time period provided for such filing or demand), then the following fee percentages apply: 40% of any recovery up to $1 million; plus 30% of any portion of the recovery between $1 million and $2 million; plus 20% of any portion of the recovery exceeding $2 million. However, if all defendants admit to liability at the time of filing their answers and request a trial only on damages, then the following fee percentages apply: 33 1/3% of any recovery up to $1 million; plus 20% of any portion of the recovery between $1 million and $2 million; plus 15% of any portion of the recovery exceeding $2 million. Finally, if your case is appealed or you file  for post-judgment relief or action, an additional five percent of any recovery is required for recovery on the original judgment. When the case is finalized either by settlement or judgment, your lawyer must provide you with a written statement of the outcome of the matter, and if there has been a recovery, a statement showing payment to the client and how it was determined. If there is a recovery, then the lawyer must prepare a closing statement reflecting an itemization of all costs and expenses, with the amount of the fee earned by each participating lawyer.

Contact a Miami Personal Injury Attorney Today!

The Law Offices of Suarez & Montero Car Accident Lawyers believe that all victims who have sustained injuries due to another person’s negligence deserve to be properly compensated for their damages. The Law Offices of Suarez & Montero Car Accident Lawyers represents accident victims injured in various types of accidents. 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. Working with a skilled car accident lawyer in Florida can make all the difference in your case. If you have additional questions about your personal injury case, you should contact an experienced Miami car accident attorney today! The attorneys at Suarez & Montero protect your rights, understand how the insurance claims process works and know how to present a strong personal injury claim. We 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 with your car accident claim. Make an appointment with us at one of our many locations. 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.