How much does a West Palm Beach personal injury lawyer cost? Contingency fees explained

People hurt in a crash or a fall often put off calling a lawyer because they assume they cannot afford one. They picture hourly bills and a retainer check. Injury cases in Florida almost never work that way. They are usually handled on a contingency fee, and the Florida Bar regulates those agreements in unusual detail. Knowing how the rules work makes it much easier to read a fee contract and ask the right questions.

What is a contingency fee, in plain terms?

It is a fee calculated as a percentage of whatever money is recovered for you, by settlement or by verdict. You do not pay the lawyer by the hour, and you do not write a check up front. The percentage, and how it may change as the case moves forward, is written into a contract that you sign before the work begins.

In Florida, these contracts must be in writing and signed by both the client and the lawyer, and in personal injury cases they must follow Rule 4-1.5(f) of the Rules Regulating The Florida Bar. That rule exists to protect clients, and it is more specific than the fee rules in most other states.

What percentages does the Florida Bar allow?

Rule 4-1.5(f)(4)(B)(i) sets a schedule. A contingent fee above these figures is presumed clearly excessive unless a judge approves it in advance.

Stage of the case	First $1 million	$1 million to $2 million	Above $2 million
Before an answer is filed or arbitration is demanded (or the time to do so expires)	33 1/3%	30%	20%
After that, through entry of judgment	40%	30%	20%
If all defendants admit liability in their answers and request a trial only on damages	33 1/3%	20%	15%
Appeal or post-judgment relief	An additional 5% of any recovery after the appeal or post-judgment proceeding begins

These are maximums, not required rates. The step from 33 1/3 percent to 40 percent happens when the defendant files an answer to a lawsuit, which is a sign that the case has moved into litigation, with depositions, motions and trial preparation. Ask any lawyer you meet exactly which event in your contract triggers a higher percentage.

Some cases have their own limits. In a claim against a government entity, such as Palm Beach County, Palm Tran or the City of West Palm Beach, Fla. Stat. § 768.28(8) caps attorney fees at 25 percent of any judgment or settlement. Medical malpractice cases are subject to a separate limit in the Florida Constitution.

What protections come with the contract?

Before you sign a contingent fee contract in a personal injury case, the lawyer must give you a document called the Statement of Client’s Rights and give you a chance to read it and ask questions (Rule 4-1.5(f)(4)(C)). It explains, among other things, that you can ask about the lawyer’s experience, that you are entitled to a written closing statement at the end showing where every dollar went, and that you control the decision to settle.

The contract must also say that you may cancel it by written notice within 3 business days of signing, for any reason, without owing a fee. If you change your mind after that, you can still change lawyers, though the first lawyer may claim payment for work already done.

What about case costs?

Costs are different from the fee. They are the money spent to build the case: court filing fees, service of process, medical records, deposition transcripts, accident reconstruction, and the charges of physicians, engineers and other professionals who review the case or testify. In a contested truck or rail case, costs can be significant.

A Florida fee contract has to explain how costs are handled, including whether they are deducted from the recovery before or after the percentage is calculated, since that changes how much you receive. At Wolfson & Leon, the firm advances case costs, so clients are not asked to pay them as the case goes along, and the contract spells out how they are handled at the end.

Where does the money go when a case settles?

At the end, the lawyer prepares a written closing statement that you review and sign before any money is disbursed. It typically lists, in order:

1. the gross recovery
2. the attorney’s fee, calculated as the contract specifies
3. case costs advanced by the firm
4. payments owed to medical providers, health insurers, Medicare or Medicaid, or others with a lien or right of reimbursement
5. the net amount paid to you

Medical liens are often negotiated near the end of a case, and that work can make a real difference in the net amount. It is fair to ask a lawyer at the start how they approach it.

What should I ask before signing?

Bring these questions to any consultation:

• What percentage applies now, and what exact event would raise it?
• Is the fee calculated before or after costs are deducted?
• Who pays costs as the case goes on, and what happens to them if there is no recovery?
• Who will actually handle my case day to day, and how will you keep me updated?
• Can I have the Statement of Client’s Rights and the contract in Spanish if I need it?

Any lawyer who wants your case should be comfortable answering all of them in writing.

Meet with us in West Palm Beach

Wolfson & Leon has represented injured people since 1963. Our West Palm Beach office meets clients by appointment; call 561-782-1585 to schedule a free consultation in English or Spanish. We will walk you through our contingency fee agreement line by line before you decide anything, explain the percentage in writing, and answer every question about costs.