In Florida, there are numerous advertisements by attorneys saying no fees or costs unless we win. However, the advertisements do not tell you how much an attorney charges when you do win. So how are personal injury lawyer fees calculated in USF, FL?
To become an attorney in the State of Florida, all lawyers have to pass the bar exam that is administered by the Florida Bar. The Florida Bar is the governing body that in the State of Florida issues licenses to practice law and sets forth the Rules Regulating the Florida Bar and provides advisory Ethics Opinions as to the application of the Rules Regulating the Florida Bar.
Attorney fees and costs can be calculated in different ways for the various types of legal cases that could include probate, criminal, family, and bankruptcy. USF Personal injury cases typically arise from auto accidents, dog bites, premise liability, and slip and fall.
Pursuant to Rule 4-1.5 of the Rules of Professional Conduct, the Florida Bar has set forth contingency attorney fees in USF personal injury cases that are accepted and do not require Court approval. For attorney fees that seek a different amount beyond the percentages set forth in Rule 4-1.5, court approval is required.
In accordance with Rule 4-1.5 of the Rules of Professional Conduct, contingency attorney fees are as follows:
Before the filing of an answer to a lawsuit or, if no answer is filed, the expiration of the time period provided for such action:
33-1/3% of any recovery up to $1 million; plus
30% of any portion of the recovery between $1 million and $2 million; plus
20% of any portion of the recovery exceeding $2 million.
After the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action, through the entry of judgment:
40% of any recovery up to $ 1 million; plus
30% of any portion of the recovery between $1 million and $2 million; plus
20% of any portion of the recovery exceeding $2 million.
If all the defendants admit liability at the time of filing their answers and request a trial only on damages:
33-1/3% of any recovery up to $ 1 million; plus
20% of any portion of the recovery between $1 million and $2 million; plus
15% of any portion of the recovery exceeding $2 million.
25% of any recovery obtained from the state, its agencies and/or subdivisions, but only in instances where the provisions of §768.28, Florida Statutes, are deemed applicable.
An additional 5% of any recovery after institution of any appellate proceeding is filed or post-judgment relief or action is required for recovery on the judgment. This includes the filing of a petition for certiorari in the original proceeding.
For additional information regarding attorney fees or to schedule a free initial consultation, please contact our office.