Personal injury lawyers practice a type of law called “torts.” A tort is some act or failure to act that causes harm to someone else and rises to the level of a civil wrong (as opposed to criminal) for which the court can impose liability. The most common torts arise from personal injuries stemming from negligence, the failure to use reasonable care when one had a responsibility to do so. Typical tort cases are motor vehicle accidents (motorcycle accidents, car accidents, bicycle accidents, truck accidents, etc.), medical malpractice, and premises liability/dangerous property cases.
How Attorneys Determine Fees
How much a Cape Coral personal injury lawyer charges for taking on a case will depend on several factors, including:
- The attorney’s experience, reputation, and ability.
- The fee customarily charged in that area for similar legal services.
- The time and labor required, the difficulty of the question involved, and the skill required to handle the case successfully.
- The potential value of the case, and the results obtained. (Generally cases involving serious injuries, multiple insurance policies, and clear fault/injury cause are going to have a higher overall value – though this can be offset by elements like complexity, numerous injured parties, etc.)
Understanding Contingency Fees
You do not pay upfront attorney’s fees for the services of a Cape Coral personal injury lawyer. Injury lawyers typically assess the value – and viability – of your injury claim upfront for no cost. They’ll tell you if they think you can win, and whether they can help. If they agree to take you on as a client, you still don’t pay attorney’s fees upfront. Those are only paid at the end of the case, and only as a percentage of what you win. This is referred to as a contingency fee structure.
Other types of attorneys may charge you an amount upfront or require you to maintain a constant balance from which they will withdraw hourly fees. That is not how it works with a Cape Coral personal injury lawyer. The reason for this is that courts do not want negligent parties to evade accountability just because the person they hurt doesn’t have enough money to hire a lawyer. This type of a system allows attorneys to take cases on the basis of merit, rather than the preexisting bank balance of a prospective client.
For the most part, Florida personal injury lawyers will charge somewhere between 33% and 40% of the total amount of money that is ultimately recovered. For higher-value cases ($1 million+), it may be a lower percentage. The actual percentage of that charge going directly to the lawyer is somewhere between 35% and 50%, depending on how much overhead they have.
The money that is ultimately paid comes from what is recovered. If you lose your case, you do not pay attorney’s fees. It’s possible you may be responsible for other expenses (filing fees, expert witness fees, etc.). But your attorney will tell you about all of it upfront. There will be no surprises when it comes to any charges.
Sometimes, It’s the Defendant Who Pays Attorney’s Fees
Generally speaking, expect that your injury lawyer’s attorney’s fees will be derived as a percentage of what you ultimately win.
In some injury cases, the courts will order the other side to pay attorney’s fees. That means you get to keep more of your damage award to yourself.
However, this isn’t a particularly common outcome in most Florida injury cases, but it is a possibility under some circumstances.
For example, if the defense turns down a reasonable offer for setting the case out-of-court and then you go on to win – in excess of 25% the amount you offered – they may be required to cover your attorney fees. (The same may be true visa versa, so it’s important to carefully consider reasonable settlement offers before heading to trial.) It could also be the case if the insurance company in the case acts in bad faith, though that is typically filed as a separate matter.
If you are concerned about the cost of hiring a Cape Coral injury lawyer, we do offer free consultations for those just beginning to explore the possibility of filing an injury claim or lawsuit. We can answer with more specifics once we review the individual facts of your situation.
If you have been injured in Fort Myers, Port Charlotte, Sarasota, Cape Coral, Naples, or Key West, contact Garvin Injury Law at 800.977.7017 for a free consultation.
Additional Resources:
Consumer Pamphlet: Attorneys’ Fees, The Florida Bar
More Blog Entries:
What Factors Can Affect Damages in Fort Myers Personal Injury Cases? March 13, 2024, Cape Coral Personal Injury Lawyer Blog