What Does Contingency Fee Mean?

2 May, 2023 | By Redemption Law
What Does Contingency Fee Mean?

​How Can I Hire a Personal Injury Lawyer if I Have No Money?

If you suffered injuries in an accident, hiring a personal injury lawyer may seem like an unattainable luxury. This prospect can feel particularly challenging if the accident has upended your financial situation. However, many personal injury lawyers work on a contingency fee basis, which means you do not need to pay any upfront fees.

Knowing how contingency fees work personal injury cases can help you understand how to hire a lawyer even if you have no money.

What Is a Contingency Fee?

What Does Contingency Fee Mean?

A contingency fee is a payment you make to a lawyer only if they win your case or obtain a settlement on your behalf. The fee is usually a percentage of the amount they recover for you in your case, typically ranging from 33 percent to 40 percent, depending on the case’s complexity and the compensation you seek.

If your case is unsuccessful, you do not owe the lawyer anything. Because you do not pay any upfront fees, this arrangement allows injured people who cannot afford legal representation to gain access to justice and compensation.

Who Decides Contingency Fees in Florida Personal Injury Cases?

You might not realize that clients have certain rights regarding contingency fees. The Florida Rules for Professional Conduct outline the ethical standards that lawyers in the state must follow. These rules include provisions related to contingency fees in personal injury cases.

Rule 4-1.5(f) of the Florida Rules for Professional Conduct sets out the requirements for contingency fee agreements in personal injury cases. The rule requires that contingency fee agreements be in writing, state the percentage of the recovery the lawyer will receive as a fee, and disclose how they will calculate their fee. The rule also requires the agreement to state how the attorney will handle the expenses associated with the case.

In addition, the rule requires the lawyer to explain the risks and benefits of the contingency fee arrangement to the client, including the fact that the client may be responsible for costs and expenses even if the case is unsuccessful.

The rule also limits the percentage of the recovery a lawyer can receive as a contingency fee in certain cases. The percentage varies depending on the type of case and the stage of the legal proceedings. The various scenarios include:

Cases That Settle Before the Defendant Files an Answer

In cases that settle before the plaintiff files a lawsuit, the contingency fee can not exceed 33.33 percent of the first $1 million recovered and 30 percent of any recovery amount between $1 million and $2 million. If the recovery exceeds $2 million, the lawyer’s fee can not exceed 20 percent of any funds after the first $2 million.

Cases That Settle After the Defendant Files an Answer and Through the Entry of Judgment

In cases that settle after the defendant files an answer or demands the appointment of an arbitrator, the contingency fee cannot exceed 40 percent of the first $1 million recovered, up to 30 percent of the funds recovered between $1 and $2 million, and 30 percent of any recovery greater than $2 million.

Cases That Go to Appeal

In cases that go to appeal, the lawyer can collect additional 5 percent of any amount the plaintiff recovers on appeal.

Cases Resulting in Structured Settlements

In cases where the plaintiff receives payment in the form of a structured settlement, the lawyer will calculate the contingency fee based on the cost of the settlement or its present value, if the parties cannot determine the cost.

It is worth noting that all of the above are maximum limits, and lawyers are free to negotiate a lower contingency fee with their clients. However, they cannot charge a higher fee than these maximum percentages.

How Do I Agree to the Fee?

When you hire a personal injury lawyer on a contingency fee basis, you will sign a fee agreement outlining the percentage of the recovery the lawyer will receive as their fee. The agreement will also specify the costs and expenses associated with your case, such as filing fees, expert witness fees, and court reporter fees.

Review the fee agreement carefully and ensure you understand the terms before signing it. You have three business days to consider the written contract before you sign it. If you have any questions or concerns, do not hesitate to ask your lawyer for clarification.

After you sign, you can cancel the contract within three business days without being responsible for any fees other than any actual costs the lawyer incurs during that time.

Am I Responsible for Any Other Payments?

While you do not have to pay any upfront legal fees when you hire a personal injury lawyer on a contingency fee basis, you may be responsible for other costs and expenses associated with your case. The attorney usually deducts these costs and expenses from the recovery before they take their fee.

Examples of additional payments that you may be responsible for include:

  • Filing fees
  • Computer research fees
  • Expert witness fees
  • Court reporter fees
  • Deposition fees
  • Mediation expenses
  • Medical record retrieval fees
  • Medical or nursing consultations
  • Investigative fees
  • Telephone charges
  • Travel expenses
  • Other out-of-pocket expenses

Discuss these costs with your lawyer before signing the fee agreement. Some lawyers may cover these costs and deduct them from the recovery, while others may require you to pay them upfront or as they arise.

If you have concerns about your ability to cover these costs, you should discuss your options with your lawyer. Some lawyers may be willing to advance the costs on your behalf, while others may be able to work out a payment plan or negotiate lower fees with service providers.

Can I Save Money by Representing Myself?

It is understandable to consider saving money when facing a growing mountain of medical bills and other expenses after an accident. However, you should weigh the potential cost savings against the risks of representing yourself in a personal injury case.

Complex injury cases can involve many legal and medical issues. Without the help of an experienced personal injury lawyer, navigating the legal system, negotiating with insurance companies, and building a solid case can overwhelm you.

Potential risks of representing yourself in a personal injury case include:

  • Limited legal knowledge - You might not understand your legal rights and obligations in a personal injury case if you do not have a thorough knowledge of the law.
  • Inadequate compensation - Without the help of a lawyer, you may inaccurately calculate the compensation you deserve, including money for lost income, medical bills, and pain and suffering.
  • Weakened negotiation power - Insurance companies will not take a self-represented plaintiff seriously, so you can’t so easily negotiate a fair settlement.
  • Errors in legal procedures - You must meet deadlines and precisely follow other legal procedures when you pursue a personal injury claim. Without the help of a lawyer, you might easily miss essential deadlines or make other errors that could weaken or destroy your case.
  • Uncertainty about legal strategy - Only an experienced personal injury attorney can develop a robust legal strategy and build a persuasive case.

Furthermore, representing yourself in a personal injury case can cause enormous stress, taking valuable time and energy away from your recovery and other important aspects of your life.

While trying to save money by representing yourself may be tempting, the uncertainties you face make it risky. Hiring a qualified professional to handle your case can take much of the stress and guesswork out of the equation.

Is Hiring a Personal Injury Attorney Worth It?

Hire a personal injury attorney on a contingency fee basis if you suffered injuries in an accident and want to pursue compensation because:

  • Personal injury attorneys have experience and skill in handling cases like yours. They know the laws and regulations that apply to your case and can help you through the legal system.
  • Injury lawyers have resources and connections that can build a strong case for you. They have access to expert witnesses, medical professionals, and investigators who can provide testimony and evidence supporting your claim.
  • An experienced lawyer can negotiate with insurance companies and other parties involved in your case. They know how to deal with insurance adjusters, and when they speak on your behalf, they can ensure that you will not inadvertently say or do anything to undermine your claim.
  • Personal injury lawyers can maximize your recovery. They can help you identify all the types of compensation you are eligible to receive, including lost income, medical bills, and pain and suffering.
  • Hiring a personal injury lawyer can give you peace of mind. You can focus on recovering from your injuries while your lawyer handles the legal aspects of your case.

Do I Have To Pay for an Initial Consultation?

Many personal injury lawyers offer a free initial consultation to prospective clients. This consultation is an opportunity for you to discuss the details of your case with the attorney and to learn more about their experience, approach, and fees.

During the consultation, they will ask you questions about your case and evaluate its strengths and weaknesses. They will also explain the legal process and potential outcomes and answer any questions you may have.

The free initial consultation can help you determine whether the lawyer is a good fit for your needs and whether you feel comfortable working with them. It is important to remember that you are not obligated to hire them after the initial consultation. Take the time to consider your options before making a decision.

Ask about the lawyer’s fee structure during your initial consultation, so you can make an informed decision about whether to hire them.

What Qualities Should I Look for When Hiring a Personal Injury Lawyer?

Choosing the right personal injury lawyer can make a significant difference in the outcome of your case.

Here are some qualities to look for when selecting a personal injury lawyer:

  • Experience - Look for a lawyer with significant experience in personal injury law and who has handled cases similar to yours. An experienced attorney will better understand the legal issues involved and know how to build a strong case on your behalf.
  • Communication skills - Your lawyer should be a good communicator who can explain complex legal issues in a way you can understand. They should also be responsive to your questions and concerns and keep you informed about the status of your case.
  • Compassion - Personal injury cases can be emotionally challenging. A good lawyer will empathize with your situation and show compassion for your needs and concerns.
  • Tenacity - An excellent personal injury lawyer should be tenacious and persistent in pursuing your case, despite obstacles or setbacks.
  • Resources - Personal injury cases can be costly to pursue, and a good lawyer should have the resources to cover the costs of expert witnesses, investigations, and other expenses associated with your case.
  • Reputation - Look for a lawyer who is well-regarded in the legal community and who has a track record of success in personal injury cases.
  • Personal attention - You want a lawyer who will give your case personal attention and not pass you off to a paralegal or junior associate. Look for a lawyer who will work directly with you throughout your case.
  • Trust - You should feel comfortable and confident in your attorney’s ability to represent you. Moreover, you should be able to trust them to act in your best interests.

By choosing a personal injury lawyer with these qualities, you can increase your chances of a successful outcome in your case and ensure that you receive the compensation you deserve.

The Bottom Line

Christopher D. Alas, Personal Injury Lawyer

Hiring a Florida personal injury attorney on a contingency fee basis can be worthwhile if you have suffered injuries in an accident and have no money to pay for legal representation.

By understanding how contingency fees work and discussing the costs and expenses associated with your case with your lawyer, you can make a thoughtful decision about whether to hire a lawyer and pursue compensation for your injuries.

Hiring a personal injury lawyer can get you the compensation you deserve and give you peace of mind during a difficult time.