How much does a car accident lawyer cost in Florida? Contingency fees explained
Key takeaways
- Most personal injury lawyers work on a contingency fee, which means the fee depends on a recovery.
- Florida Bar Rule 4-1.5 governs fees, and contingency agreements must be in writing.
- Fees and costs are different things, so ask how costs are handled, especially if there is no recovery.
- Ask any lawyer for the fee agreement in writing and read it before you sign.
- The first consultation at Lascaze Law is free.
The short answer: how lawyers are paid in a Florida car accident case
Most people who are hurt in a crash cannot pay a lawyer by the hour while they are recovering and missing work. That is why car accident lawyers in Florida usually work on a contingency fee. In a contingency fee arrangement, the lawyer's fee depends on a recovery and is generally a percentage of the money recovered. If there is no recovery, the lawyer generally does not receive a fee.
I am Dolina Lascaze. I spent about 19 years on the insurance and defense side of injury claims before I started representing injured people, and I am a former prosecutor. I know how these claims are valued and how fee agreements shape the way a case is handled. I will not quote a specific fee in this article, because every case and every firm is different, and you should never rely on a number from a blog post. What I can do is explain how the system works so that you can ask good questions of any lawyer you meet. If you want a broader picture of what injury lawyers do, see our guide to a Florida personal injury lawyer.
What a contingency fee means
A contingency fee ties the lawyer's pay to the result. The lawyer takes on the risk of the case, and the fee is paid out of a settlement or judgment. It also gives the lawyer a reason to build the strongest claim possible.
What it does not mean
- It does not mean the lawyer works for free in every sense. Costs of the case are a separate issue.
- It does not mean every lawyer charges the same way. Percentages, stages and cost terms can differ.
- It does not mean the fee is set in stone before you read the agreement. You can ask questions before you sign.
Many injury lawyers also offer a free first consultation, and Lascaze Law does. You can describe what happened and learn your options without paying anything or committing to hire the firm.
Florida rules on fees and the written agreement
The Florida Bar's Rule 4-1.5 governs lawyer fees, including contingency fees. The rule requires a contingency fee agreement to be in writing and signed by the client and the lawyer, and it limits the percentages a lawyer may charge. The agreement must also explain how costs are handled. In practice, that means you should never be asked to accept a vague verbal promise about how the lawyer will be paid.
Ask any lawyer for the fee agreement in writing before you decide. Take your time reading it. A good lawyer will welcome questions and will not pressure you to sign on the spot. If something is unclear, ask for it to be explained in plain words. I would say the same about any firm, including mine.
Fees and costs are not the same
This is the point people miss most often. The fee is what the lawyer is paid for the work. Costs are the expenses of pursuing the case.
- Costs can include filing fees, charges for medical records, expert fees, deposition costs and the expense of serving legal papers.
- The agreement should explain who advances costs and how they are repaid.
- Ask whether costs come out of your share, before or after the fee is calculated, and what happens to costs if there is no recovery.
The order in which fees and costs are deducted can change the amount you take home. Two agreements with the same fee terms can produce different results depending on how costs are treated. That is one more reason to ask for a written agreement and read the cost section carefully. Some people want an example calculation, and it is reasonable to ask a lawyer to walk you through one.
What you pay out of pocket at the start
In many contingency arrangements, the client does not pay the lawyer up front. Depending on the agreement, the firm may advance case costs. That does not mean there are no costs. It means the way they are paid and repaid is spelled out in the agreement.
You may still have medical bills, a deductible or health insurance and property damage questions while the claim is pending. Your lawyer cannot make those disappear, but a lawyer can often help you sort out what is owed to whom and how liens and reimbursement claims might affect what you receive. Ask about this before you sign.
Questions to ask before hiring
- Who will handle my case, and will I speak with that person directly?
- How does the fee work at each stage of the case, and can I have it in writing?
- How are costs handled if there is no recovery?
- Are costs deducted before or after the fee is calculated?
- How will you keep me informed, and how fast do you return calls?
- What happens if I want to end the relationship?
- Can I take the agreement home to review?
Insurance adjusters often make early offers that look attractive when you are under pressure. A lawyer's job includes explaining whether an offer makes sense. Our article on first settlement offers in Florida goes through the issues.
Is a free consultation really free?
A consultation is a chance to describe what happened and learn your options. You should not feel pressure to hire a lawyer on the first call. Lascaze Law offers a free consultation, and speaking with the firm does not obligate you to hire it. Ask during that call how fees and costs are handled in your case.
You also do not need to wait until you are sure you have a case. If you were hurt in a crash, it is reasonable to talk to a lawyer early, before you give a recorded statement to an insurer. See our guide to recorded statements to insurance companies in Florida.
Why the fee agreement matters for how your case is handled
A fee agreement is more than a pricing sheet. It tells you what the lawyer is hired to do, who decides whether to accept a settlement, what happens if you and the lawyer part ways and how costs and liens are handled at the end. Read each of those sections. If the agreement mentions stages of the case, ask what triggers a change from one stage to the next.
Insurance companies value claims partly by how prepared the other side appears to be. Adjusters typically look at whether a claim has complete medical records, a clear liability picture and a lawyer who is ready to file suit if needed. A lawyer who is paid only if there is a recovery has a practical reason to prepare a case thoroughly. Still, no lawyer can promise a result, and you should be cautious of anyone who does.
Common myths about lawyer costs
- Myth: I cannot afford a lawyer after a crash. Contingency arrangements exist so that people can hire a lawyer without paying hourly.
- Myth: Lawyers cost so much that I would be better off without one. That depends on the case, the injuries and the insurance. A consultation can help you decide.
- Myth: A fee and a cost are the same thing. They are not.
- Myth: Everything is negotiable verbally. Rule 4-1.5 requires contingency agreements to be in writing.
- Myth: The first call commits me to hiring the firm. It does not.
How Lascaze Law works with injured clients
The first consultation at Lascaze Law is free, and you speak directly with the attorney. We offer remote intake by video and digital signing anywhere in Florida, so you can start from your phone or computer while you recover. Our only office is in Aventura, but we help people in Miami Gardens, Tamarac, Riviera Beach, Orlando, Tampa and across Miami-Dade, Broward and Palm Beach counties.
If you were also hurt in a different kind of accident, the same questions apply. Our Florida dog bite lawyer page and our guide to concussion and head injury after a car accident in Florida explain related issues. You can also read about our Miami Gardens accident lawyer and Riviera Beach accident lawyer pages. Call (305) 473-7858 or send a message to talk about your case.
Whether you are looking for a Miami Gardens accident lawyer, a North Lauderdale accident lawyer or a Pine Hills accident lawyer, Florida's rules are the same statewide, and Lascaze Law offers a free consultation to injured people in all of these areas.
Frequently asked questions
How much does a car accident lawyer cost in Florida?
Most Florida car accident lawyers work on a contingency fee, meaning the fee depends on a recovery and is generally a percentage of it. The percentage and the cost terms vary by firm and case, and Florida Bar Rule 4-1.5 governs fees. Ask any lawyer for the fee agreement in writing, and read it before you sign.
What is a contingency fee?
A contingency fee means the lawyer is paid from a recovery rather than by the hour. If there is no recovery, the lawyer generally does not receive a fee. The agreement must be in writing and explain how costs are handled. Costs are separate from the fee, so ask what happens to them if there is no recovery.
What is the difference between legal fees and case costs?
The fee is what the lawyer is paid for the work. Costs are expenses of the case, such as filing fees, medical record charges, expert fees and deposition costs. Ask whether costs come out before or after the fee is calculated, and what happens to costs if there is no recovery.
Does a Florida contingency fee agreement have to be in writing?
Yes. Florida Bar Rule 4-1.5 requires a contingency fee agreement to be in writing and signed by the client and the lawyer, and it explains how costs are handled. Ask any lawyer for the agreement in writing, take time to read it and ask questions about anything unclear.
Do I have to pay anything to talk to a lawyer?
No. Lascaze Law offers a free first consultation, and speaking with the firm does not obligate you to hire it. You can describe what happened, ask how fees and costs are handled and decide what to do next. Call (305) 473-7858 to speak directly with the attorney.
Can I hire a car accident lawyer if I live far from Aventura?
Yes. Lascaze Law offers remote intake by video and digital signing anywhere in Florida. Our only office is in Aventura, but clients from Orlando, Tampa, Port St. Lucie, Ocala and other cities can hire us without travel. Ask for the fee agreement in writing, like with any lawyer.
Should I talk to the insurance company before hiring a lawyer?
Be careful. You are generally not required to give a recorded statement to the other driver's insurer, and early offers may not reflect the full injury. It is reasonable to speak with a lawyer first. A free consultation can help you understand your options before you answer any questions.
This article is general information, not legal advice. Every case is different, laws change, and nothing here guarantees or predicts the outcome of any case.
Where Lascaze Law helps
Our only office is in Aventura. We represent injured people in these areas and across Florida:
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Lascaze Law
20200 W. Dixie Hwy, Suite 902
Aventura, FL 33180
Phone: (305) 473-7858
Email: info@lascazelaw.com
Hours: Monday to Friday, 9:00 AM to 4:00 PM
