How do Lawyers Charge for Personal Injury Cases in South Florida?
If you’ve been injured in an accident in South Florida and are considering hiring a personal injury lawyer, one of the first questions you might have is, “How much will this cost me?” Understanding how lawyers charge for personal injury cases in Florida can help you make informed decisions and avoid surprises down the line.
In this article, we’ll break down the most common fee structures used by personal injury lawyers, what they include, and what you should expect if you’re planning to pursue a claim.
Common Fee Structures in South Florida Personal Injury Cases
1. Contingency Fee Agreements
In many personal injury cases across South Florida, attorneys operate on a contingency fee basis. This means the lawyer only gets paid if you receive a settlement or win at trial. If there is no recovery, you typically owe nothing for legal fees.
The standard contingency fee in Florida is usually:
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33 1/3% (one-third) of the settlement amount before a lawsuit is filed
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40% if a lawsuit is filed or if the case goes to trial
This structure allows accident victims to access legal representation without any upfront costs. However, it’s essential to clarify what expenses are included in the fee and which ones (like court filing fees or expert witnesses) might be billed separately.
2. Hourly Rates
Some personal injury attorneys in Florida may charge an hourly rate, although this is less common. Under this model, the attorney bills you for the actual time spent on your case—regardless of the outcome.
This method is more typical in complex or high-value cases, or when legal representation is needed for specific parts of a case (like appeals). If your attorney charges hourly, make sure to get a clear estimate of the number of hours expected and ask for regular billing updates.
3. Flat Fees
A flat fee structure is rare for personal injury cases in Florida. However, some lawyers might offer this arrangement for certain legal services, such as writing a demand letter or reviewing documents related to a claim. Flat fees are a fixed amount, regardless of the time involved.
While flat fees provide predictability, they usually do not cover full case representation, especially in litigation or settlement negotiations.
What Do Personal Injury Lawyer Fees Cover?
In a personal injury case, your lawyer does much more than argue your case in court. Attorney fees typically cover:
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Case investigation and evidence gathering
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Communicating with insurance companies
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Filing and responding to legal documents
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Negotiating a settlement
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Representing you at hearings or trial
However, certain case costs may be separate from attorney fees. These might include:
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Court filing fees
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Medical record retrieval costs
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Expert witness fees
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Deposition costs
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Travel expenses
Be sure to ask whether these costs are included in your legal fee or if they will be billed separately. Also, find out whether these costs are due upfront or deducted from your final settlement.
Florida Bar Guidelines on Attorney Fees
The Florida Bar requires attorneys to provide clients with a written agreement detailing how fees and costs will be handled. Make sure your fee agreement includes:
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The method of fee calculation (contingency, hourly, flat)
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The percentage or rate being charged
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Whether the fee includes costs or not
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Who is responsible for costs if the case is unsuccessful
Understanding this agreement before signing can help avoid misunderstandings later in the process.
Choosing the Right Personal Injury Lawyer in South Florida
When selecting a personal injury lawyer in South Florida, cost is important—but it shouldn’t be the only factor. Look for an attorney who:
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Specializes in personal injury law
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Has experience with cases like yours (e.g., auto accidents, slip and fall)
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Offers transparency about fees
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Has a strong record of securing fair compensation
You should also feel comfortable asking questions and expect clear, honest answers about your case and the associated costs.
Mark Schiffrin P.A. – A Different Approach to Legal Fees
At Mark Schiffrin P.A., I take a straightforward, transparent approach to personal injury representation. Unlike most South Florida personal injury firms, I do not work on a contingency fee basis. Instead, I offer clear legal billing based on the nature of your case and the services required.
From your first consultation, you’ll know exactly how fees are calculated, what services are included, and what to expect moving forward. You’ll work directly with me—not a case manager—so you’ll receive personal attention and open communication throughout the entire process.
If you’ve been injured due to someone else’s negligence and are looking for trusted legal representation in South Florida, reach out to me today to discuss your case.
Final Thoughts
Understanding how personal injury lawyers charge in South Florida can help you feel confident in your decision to seek legal help. Whether it’s a contingency fee, hourly rate, or flat fee, transparency is key. Make sure to ask the right questions, get everything in writing, and choose an attorney who prioritizes your recovery and success.
If you’re ready to take the next step, contact Mark Schiffrin P.A. for personal, honest, and experienced legal guidance in your injury case.