In Florida, most personal injury attorneys take cases on a contingency basis, which means that they are paid a percentage of the proceeds they are able to recover from the responsible party. Thus, under most contingency fee contracts, personal injury clients do not have to pay any up front legal fees and costs, and the lawyer does not get paid unless there is monetary recovery in the case.

Florida Bar Rules of Professional Conduct set out the maximum permissible percentages for personal injury contingency fees agreements which vary depending on various factors. If the attorney wants the fee to be greater than allowed percentages, the lawyer must get the court’s permission for the increase.

The maximum permissible percentages for personal injury cases are as follows:

Pre-suit settlement (without a lawsuit or before an answer to a lawsuit complaint):

  • settlements under 1 million – 33 ½ percent
  • settlements between 1-2 million – 30 percent
  • settlements above 2 million – 20 percent

Litigation settlement when defendant denies liability and damages:

  • settlement under 1 million – 40 percent
  • settlement between 1-2 million – 30 percent
  • settlement in excess of 2 million – 20 percent

Litigation settlement when defendant admits liability, but contests damages:

  • settlement under 1 million – 33 ½ percent
  • settlement between 1-2 million – 20 percent
  • settlement in excess of 2 million – 15 percent

If you have been injured in an accident that was not your fault, please give us a call now for a free non-obligation consultation. (386) 248-3000.

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