Legal Question in Personal Injury in Florida

Re: attorney's fee

The fee must ultimately be approved by the court.

If on a contingency case, the rules regulating the Florida Bar do not allow an excessive fee and provides a graduated fee schedule that is presumptively reasonable. For claims under $1,000,000 it is 40% if there was a lawsuit and a denial of liability; 1/3 if there was an admission of liability or if settled without suit. A larger fee would need to be agreed to by the client and specifically approved by the court.

If the claim is against the state or another sovereign entity, the fee is limited to 25%

The fee is always negotiable in the process of hiring a lawyer and you should explore what is available. Depending on the difficulty, ease or complexity of the case and the expense that would be probably required to handle the case, some lawyers may be willing to represent the client at a reduced fee.

Be wary about the "good deal" though. Make sure you get quality representation, not just a cheap lawyer.

Re: attorney's fee

The court can also look into the amount.

Re: attorney's fee

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A Florida attorney is limited to the following maximum fee schedule:

(a) 33-1/3% of any recovery up to $1 million through the time of filing of an Answer or the demand for appointment of arbitrators;

(b) 40% of any recovery up to $1 million through the trial of the case;

(c) 30% of any recovery between $1 million and $2 million;

(d) 20% of any recovery in excess of $2 million;

(e) If a defendant admits liability at the time of filing an Answer and requests a trial only on damages:

(i) 33-1/3% of any recovery up to $1 million from that defendant through trial;

(ii) 20% of any recovery from that defendant between $1 million and $2 million;

(iii) 15% of any recovery from that defendant in excess of $2 million;

All fees are negotiable, however, and you can try to negotiate a lesser fee with your attorney.

Scott R. Jay, Esq.