How Much Do Accident Attorneys Take in Florida? Get Clear Answers Before You Decide

How Much Do Accident Attorneys Take in Florida? Fees for Catastrophic Injury Cases

CHG Personal Injury Lawyers is a Florida-based firm that focuses on catastrophic injury cases.*

If you or someone you love has been seriously hurt, you likely have many questions. One of the first may be about money. What will the lawyer take? What will be left for your family?

This page explains how fees and costs work in Florida personal injury cases. It also explains which Florida laws affect the numbers. Finally, it lists what to ask before you sign anything.

The Short Answer

CHG Personal Injury Lawyers charges no attorney’s fees and no case costs unless there is a recovery.

If there is no settlement or judgment in your favor, you owe nothing for the attorney’s work. You also owe nothing for the costs of investigating and preparing your case.

When there is a recovery, the fee is a percentage of the settlement or judgment. Your written fee agreement sets that percentage. Read it before you sign. Ask your attorney to explain every deduction.

Why Fee Structure Matters in Catastrophic Injury Cases

Spinal cord injuries, paralysis, traumatic brain injuries, amputations, and severe burns can bring long-term needs. These may include:

• Lifetime medical care
• Equipment
• Home changes
• Lost income
• Changes to daily life

Injured people may not be able to pay an attorney by the hour. They may still be in recovery and facing bills.

A contingency fee (a fee paid only if there is a recovery) means the attorney’s payment depends on a recovery. The fee structure is only one part of the picture. What matters most is whether the settlement or verdict will cover the injured person’s long-term needs.

Fees vs. Case Costs: The Difference

Attorney fees are the percentage your lawyer takes for their work.

Case costs are out-of-pocket expenses needed to pursue the claim. Examples include:

• Court filing fees
• Expert witness fees
• Medical records requests
• Accident reconstruction reports
• Deposition transcripts
• Investigative expenses

The firm advances case costs. They are deducted only from a recovery. Ask your attorney to list which costs will be advanced, which would be deducted, and when.

Example (illustrative only): Suppose a $50,000 settlement is reached under a 33% fee agreement. The fee is $16,500, leaving $33,500. If case costs total $3,000, that amount is also deducted. The net is $30,500 before any liens. Your actual percentage and costs are whatever your written agreement states.

Liens and Collateral Sources

Health insurers, government programs, and others that paid your bills may have a right to be repaid from your recovery. This right is called a lien (a legal claim to be paid back from your settlement or judgment).

Florida’s collateral source statute says:

“In any action to which this part applies in which liability is admitted or is determined by the trier of fact and in which damages are awarded to compensate the claimant for losses sustained, the court shall reduce the amount of such award by the total of all amounts which have been paid for the benefit of the claimant, or which are otherwise available to the claimant, from all collateral sources; however, there shall be no reduction for collateral sources for which a subrogation or reimbursement right exists.” — § 768.76

The statute also sets notice steps for collateral sources that claim a reimbursement right. Your attorney can explain how those steps affect your case.

Claims Against the State or Its Agencies

Some claims involve a government entity, such as a state agency or subdivision. For those claims, Florida law states:

“No attorney may charge, demand, receive, or collect, for services rendered, fees in excess of 25 percent of any judgment or settlement.” — § 768.28

Claims against government entities have their own procedures and notice requirements. Those requirements can be strict. Contact a lawyer early.

Wrongful Death: Protecting a Family’s Settlement

When a loved one has died, the family faces grief. They also face legal and financial questions. Florida has specific rules for wrongful-death settlements:

“While an action under this act is pending, no settlement as to amount or apportionment among the beneficiaries which is objected to by any survivor or which affects a survivor who is a minor or an incompetent shall be effective unless approved by the court.” — § 768.25

While an action under this act is pending, no settlement as to amount or apportionment among the beneficiaries that is objected to by any survivor, or that affects a survivor who is a minor or an incompetent, shall be effective unless approved by the court (Fla. Stat. § 768.25).

1. When a survivor objects to it.
2. When a minor or incompetent survivor (someone not legally able to manage their own affairs) is affected.

Our role is to explain the options. That way, the family can make informed decisions. Who may bring a wrongful-death claim depends on the facts and on Florida law. Ask a lawyer to review your situation.

If the Case Goes to a Lawsuit and Trial

Some cases settle without trial. But some do not.

Once a lawsuit is filed, discovery begins. Discovery is the exchange of records, written answers, and depositions (sworn testimony given outside the courtroom). Work and costs increase at this stage.

Catastrophic injury cases may require medical witnesses, vocational rehabilitation professionals, and life-care planners. Life-care planners estimate future medical needs and what they will cost.

Your written agreement should state two things:

• Whether the fee percentage changes if the case goes to trial
• How any appeal or post-judgment collection is handled

How to Evaluate a Settlement Offer

An early offer may come from an insurance company. It may arrive before the full extent of an injury is known.

A spinal cord injury or severe brain injury may require years of care. So measure any offer against long-term needs, not just current bills.

Ask your attorney to review each offer in writing. Ask what it covers and what it does not.

These are lawsuits alleging that an injury was made worse by a defective product.

One provision of Florida’s comparative fault statute, section 768.81, applies only to product liability claims alleging that a product, such as a vehicle, made a person’s crash injuries worse. In those cases, the jury weighs the conduct of everyone who helped cause the crash when dividing responsibility. Florida’s fault rules have other limits and exceptions, so before responding to a settlement offer, talk with a lawyer about how they may apply to your facts. — § 768.81

Here, the “trier of fact” is the judge or jury that decides the facts.

Questions to Ask Before You Sign

• Is the fee percentage stated in writing? Does it change if the case goes to trial?
• Which case costs will be advanced, and which would be deducted from a recovery?
• Will I receive an itemized accounting of the settlement, fees, costs, and any liens?
• What happens if the case is appealed or there are post-judgment collection efforts?
• Who will be my responsible attorney, and how will I reach them?

Deadlines Apply: Do Not Wait

Florida sets deadlines for filing personal injury and wrongful-death claims. These deadlines can have exceptions.

Do not wait to ask about yours. Contact the firm promptly. Your attorney can review the timing for your specific case.

Frequently Asked Questions

Talk With Igor Hernandez

If you were seriously hurt in a truck crash, a car or motorcycle accident, a fall on someone else’s property, or an attack on someone else’s property where the owner failed to provide reasonable security, you deserve to understand your options. You also deserve to know how fees and costs would work.

A free, confidential first consultation, with no obligation to continue, can answer your questions about fees, costs, deadlines, and your situation.