Contingency Fee Arrangements

Many people who suffer injuries due to another’s negligence are reluctant to pursue a personal injury case because they worry about the attorney’s fees.

Attorneys from Carlson, Meissner & Hayslett P.A. at conference table

In reality, people who hire a reputable and trusted personal injury lawyer have a strong advantage and zero risk because the personal injury lawyer will work on a contingency fee basis. At Carlson Meissner & Hayslett, we understand that paying the lawyer’s fees can seem outrightly difficult, especially when you are already accumulating lost wages and struggling with mounting medical bills. This is why we offer our services on a contingency fee basis that requires you to pay only if we win financial compensation for you. That’s right, we only get paid if we get you paid.

What Does Contingency Fee Mean?

The mandate of a personal injury lawyer is to prove that the individual that caused your injuries was negligent and should be held liable for your medical bills, lost wages, and pain and suffering. If you hire an attorney on a contingency fee basis, you can feel confident that you will have to pay for the attorney only if and when they win financial damages on your behalf—a setup that gives you top notch legal representation and also incentivizes the law firm to maximize your payout.

Payment for the attorney is contingent on the amount of money awarded through the personal injury lawsuit. You will not have to pay a penny to your attorney if you don’t recover any damages in the lawsuit.

Contingency Fees in Florida Personal Injury Cases

Florida Bar Rules of Professional Conduct, Rule 4-1.5 sets contingency fee in Florida. This is a complex statute and the percentage of contingency fee depends on individual circumstances. While an attorney can always charge a lower percentage as laid out but the Rule, they cannot charge more.

Settlement before lawsuit

In situations where the defendant answers the lawsuit complaint, the contingency fee cap is 33.33% for any settlement up to $1 million. The attorney will receive 30% of the amount recovered between $1 million - $2 million and 20% of anything that exceeds $2 million.

Case goes to trial

The defendant gets 20 days to answer the complaint, after which the case goes to trial. The attorney will receive 40% of any recovery made up to $1 million and an additional 30% of the recovery between $1 million and $2 million. For recovery made in excess of $2 million, the attorney will receive 20% in payment.

Case is appealed

The attorney will be granted an additional 5% of any recovery made if a notice of appeal is filed.

Structured settlement

Personal injury claims can be settled by periodic payments instead of a single lumpsum payment. The contingency percentage will be calculated on the structured settlement or the present money value of it.

Responsibility for Other Payments

There are added costs and expenses besides the attorney fee. Common costs include:

Copying charges
Deposition costs
Expert witness costs
Computer research fees
Fax charges
Filing fees
Messenger charges
Out‐of‐pocket expenses incurred on the client’s behalf
Medical or nursing consultations
Travel expenses
Investigator costs and time
Mediation expenses
Telephone charges
Witness fees

In many cases, the upfront costs and expenses get covered by the personal injury attorney, which are then deducted from the client’s share of the settlement.

Photo of the law offices of Carlson Meissner & Hayslett.

We will Fight to Maximize Your Personal Injury Compensation

The experienced personal injury attorneys at Carlson Meissner & Hayslett will explain every step during the initial consultation so that you are comfortable while signing the contingency fee agreement. If you or someone you love has suffered a serious personal injury, our resourceful and proven attorneys can review your case at no initial cost and explain the best available legal options. To set up your complimentary consultation, call (727) 306-0273 or reach us online.