A picture of a book of Personal Injury Law , a gavel and the title "How Personal Injury Fees Work"

How Personal Injury Fees Work

Before choosing a lawyer to represent them in an accident case, victims can benefit from knowing how personal injury fees work. Personal injury cases can be complex, time-consuming, and may require that a firm has significant resources to pay expert witnesses and investigators. Although there are a small minority of personal injury firms that charge an hourly rate, the vast majority of personal injury lawyers charge a contingency fee.

A contingency fee is a fee that is only charged if the accident victim wins the case. It is charged as a percentage of the settlement amount or court award. According to Rule 4-1.5(f)(4)(B)(i) of the Florida Bar, personal injury attorneys may charge 33 1/3% of any pre-trial settlement up to $1,000,000 or 40% of court awarded recovery or post-trial settlements up to $1,000,000. After the initial $1,000,000, attorneys may charge 30% of the settlement or award for amounts between $1,000,000 and $2,000,000, and 20% of any settlements or awards exceeding $2,000,000.

Additionally, attorneys may also have their expenses (court fees, investigators, and expert witness fees are usually the majority of legal expenses) reimbursed in addition to the personal injury fees. These expenses can typically only be charged to the victim if the case is won; if the case is lost, the plaintiff or victim does not have to pay anything at all.

Finding the Right Personal Injury Firm

When it comes to personal injury cases, it is important for accident victims to choose their legal representation carefully. Because most firms will charge a similar or even identical amount for their services, an accident victim will need other ways to judge which firm can best resolve their case.  One of the chief considerations is the size of the firm. Law firms that are too large may struggle to provide the partner-level attention to detail needed to obtain an optimal settlement or court award. In such firms, cases may be delegated completely to junior associates with no partner-level oversight, potentially compromising the level of experience and personalized focus required.

Alternatively, when personal injury law firms are too small, they may lack the resources to see a complex case through to the end. These cases often require substantial financial backing to cover expenses such as expert witness fees, investigations, and other costs associated with building a strong case.

Success in personal injury cases often depends on finding the right firm that can strike a balance between partner-level attention to detail and the resources to pay for expert witnesses, investigations, and other expenses required to achieve an optimal win. A firm with the right size and experience can dedicate the necessary time and effort to each case while also having the financial backing to pursue all avenues of investigation and legal strategies.

By carefully choosing a law firm, accident victims can increase their chances of receiving fair compensation for their injuries and losses. An adequately resourced and appropriately sized personal injury firm can make a significant difference in the outcome of a case.

South Florida Law

At South Florida Law, we have years of experience handling complex personal injury and other civil litigation matters. We have the resources to help you face the challenges of the legal system and achieve the results you need.

We counsel on all commercial dispute resolution mechanisms including mediation, arbitration and courtroom litigation. When it comes to personal injury cases in which victims often face well-funded insurance companies, we believe in achieving justice for the victims of accidents regardless of their financial resources.  As such, when we agree to bring on your personal injury case, we do so on a contingency fee basis.  That means you don’t pay us a dime unless we win your case. Contact us today to get started by reaching out to us via our contact form or by calling (954) 900-8885.

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