Most Personal Injury Attorneys Use a Contingency Fee Structure
Most Tampa, Florida, personal injury attorneys use a contingency fee structure when representing clients in personal injury claim cases. A contingency fee structure is a payment arrangement in which attorney’s fees are contingent on successfully resolving the client’s case and reaching a settlement or favorable verdict should the case proceed to trial.
The client does not have to pay any upfront legal fees or related costs to the attorney under a contingency fee agreement. Instead, the attorney collects their fees and related costs only after the case is resolved successfully.
Should the lawyer not be able to achieve a successful outcome, the client does not owe the attorney anything. Most attorneys will collect a percentage of the settlement or amount awarded in court as their fee. Depending on the agreement, related costs may or may not be a part of their fee. If they are not, the client pays those on top of the attorney’s fees out of their settlement or awarded amount.
Florida Bar Rule 4-1.5
The Florida Bar Rule 4-1.5 establishes guidelines for contingency fee structures that personal injury attorneys in Florida can use when representing clients. The rule outlines different percentages that attorneys are allowed to charge based on the amount of recovery obtained in a case, both before and during litigation.
Pre-Suit:
- Attorneys can charge 33 ⅓ percent of any recovery up to $1 million
- For any portion of the recovery between $1 million and $2 million, attorneys can charge 30%
- Any portion exceeding $2 million allows attorneys to charge 20%
If the defendants in the case admit liability for their actions, then the contingency fees are slightly different:
- 33 ⅓ percent for any recovery up to $1 million
- 20% for any portion of the recovery between $1 million and $2 million
- 15% for any recovery over $2 million
In Litigation:
- Attorneys can charge 40% of any recovery up to $1 million
- For any portion of the recovery between $1 million and $2 million, attorneys can charge 30%
- Any portion exceeding $2 million allows attorneys to charge an additional 20%
It is essential for clients to understand these guidelines when entering into contingency fee agreements in Florida.