In Florida, car accident attorneys typically charge using a contingency fee model, meaning they only get paid if you win or settle the case.
On average, South Florida witnesses over 100,000 crashes per year, and that’s just considering the tri-county area: Miami-Dade, Broward, and Palm Beach. When you are the victim of a car accident, you have a right to receive legal compensation for the property damage and injuries endured.
Panter, Panter & Sampedro is a Miami-based legal firm with decades of experience helping Florida drivers receive the compensation they deserve after a car accident. We’ll explain the different payment structures used in car accident cases and how much you can expect to pay if it ever happens to you.
What Percentage Do Accident Attorneys Charge with Contingency Fees
The standard contingency fee for a car accident attorney in Florida is usually around 33.3% pre-lawsuit. If the case goes to trial, the fee typically increases to about 40% post-lawsuit. This increase reflects the additional time, resources, and risks of taking a case to court.
While the contingency fee is the primary cost, there are other potential case-related expenses, such as:
- Court Filing Fees: Costs for submitting legal documents.
- Expert Witnesses: Payment for specialists like medical professionals or accident reconstructionist.
- Medical Records: Fees for acquiring the client’s medical records and reports.
Example Breakdown of a Settlement
Here’s an example scenario of how much an attorney charges for a car accident in Florida:
- Settlement: $100,000
- Attorney’s Fees (33.3%): $33,300
- Case-Related Expenses: $5,000
- *Client’s Net Recovery: $61,700 – Less any applicable outstanding medical expenses ** No guarantee for this type of settlement
Factors That Influence How Much Your Car Accident Attorney Charges
Here are the main factors that influence your attorney’s final payout
Complexity of the Case
If it’s clear who is at fault, the case may be simpler and cost less. However, if the fault is disputed or multiple parties are involved, fees may increase due to the additional time and effort required. The same goes for more severe injuries that may require medical documentation, expert testimony, and so on.
Costs of the Case
While attorneys typically advance costs such as court filing fees, expert witness fees, and costs for gathering evidence, these are usually deducted from the client’s final settlement or award. The case cost can be higher if medical professionals or accident reconstruction experts are needed.
Pre-litigation vs. Litigation
If the case is settled before a lawsuit is filed, the attorney’s fee is often lower because the work required is less intensive. If the case proceeds to court, the attorney may need to spend significantly more time on trial preparation, discovery, depositions, and court appearances.
Experience and Reputation
Lawyers with more experience or a track record of success in high-profile cases may charge higher fees. However, due to their expertise, they may also be able to negotiate higher settlements.
Insurance Company Coverage and Cooperation
The first consideration is the actual amount of insurance coverage available by all applicable parties. If the insurance company is willing to negotiate in good faith, the attorney’s work may be limited to negotiations. However, if the insurance company refuses to settle or lowballs offers, this can extend the case and raise the fee structure due to additional work.
Court Ordered Mediation Proceedings
Many car accident cases are resolved through mediation or arbitration. This is less costly than going to trial, but fees will increase if mediation fails and the case proceeds to court.
How Much Does Your Lawyer If You Lose a Car Accident Case in Florida
If you lose a car accident case in Florida, most car accident lawyers charge nothing in attorney fees because they typically operate on a contingency fee basis. They only get paid if they win the case or secure a settlement on your behalf.
However, while you may not owe attorney fees, some law firms may require you to cover out-of-pocket expenses that the attorney advanced on your behalf during the case. These could include:
- Filing Fees: Costs for submitting legal documents to the court.
- Expert Witness Fees: Payments to specialists, like medical professionals or accident reconstruction experts, who provided testimony or reports for the case.
- Investigation Costs: Fees associated with gathering evidence, such as hiring investigators or obtaining accident reports.
- Medical Record Requests: Costs for acquiring your medical records to use in the case.
Many personal injury attorneys, especially those experienced with car accidents, do not require clients to pay these costs if they lose the case. However, this depends on the agreement made when you signed the contract with the attorney. Some law firms may absorb these expenses, while others may expect reimbursement.
Panter, Panter & Sampedro Car Accident Case Results Speak for Themselves
Hiring an experienced personal injury attorney is crucial in Florida, where thousands of car accidents occur every month.
Panter, Panter & Sampedro have decades of cumulative experience and have helped hundreds of clients receive multimillion-dollar settlements for their car’s damages and injuries.
We understand the intricate legal aspects of these cases and are committed to providing comprehensive representation to ensure our clients receive the compensation they deserve. Contact Panter, Panter & Sampedro today to schedule a free, no-obligation case review.
