A general definition
According to the American Bar Association:
In a contingent fee arrangement, the lawyer agrees to accept a fixed percentage of the recovery. If you win the case, the lawyer’s fee comes out of the money awarded to you. If you lose, you do not pay attorney fees for the work performed.
How contingency fees are handled
Attorney fees and case costs are not the same thing. Fees refer to the percentage earned by the attorney, while costs include expenses such as filing fees, court reporters, expert witnesses, and obtaining records.
Contingency agreements must be in writing and signed before a lawyer begins work on your case. The agreement should clearly explain:
- The percentage the attorney will receive
- What case costs may apply
- Whether multiple law firms are involved
At the end of your case, Florida law requires your attorney to provide a written statement showing the outcome, the recovery amount, and a breakdown of all fees and costs.
An affordable way to hire an attorney
Contingency fees allow you to hire a lawyer without paying upfront or worrying about monthly bills. This gives you access to legal representation when you need it most.
Know before you sign
In most Florida personal injury cases, contingency fees are typically:
- 33⅓% before a lawsuit is filed
- 40% if the case requires litigation
Because fees can vary based on the type of case and amount recovered, it is important to read your agreement carefully and ask questions before signing.