Published on September 8, 2018
None of the attorneys from the 1800-Injured network require an out-of-pocket fee. In a contingency fee contract, you and your lawyer are in agreement, meaning that the lawyer will not get paid any fees unless you win your case. As compensation for your attorney’s services, you usually agree to pay your attorney from the proceeds of recovery: The following fee structure is usually applicable:
- 25% With regard to any recovery governed by the terms of limitations of Florida Statute Section 768.28, this shall be the fee for services without suit in the event a suit is filed or demand for arbitration is made or if an appeal is taken from the lower court by either side or if garnishment for any proceeding after judgment has to be brought to collect the judgment or any portion thereof. This is the attorney’s fee only for any proceeds obtained pursuant to Florida Statute Section 768.28.
As to all other proceeds obtained from any other Defendant, the following shall apply:
- 33.3% of any recovery up to $1,000,000.00 through the time of filing of an answer or the demand for appointment of arbitration; or
- 40% of recovery up to $1,000,000.00 through the trial of the case; and
- 30% of recovery between $1,000,000.00 and $2,000,000.00; and
- 20% of recovery in the excess of $2,000,000.00.
In the event that the defendant admits liability at the time of filing an answer and requests trial only on the damages, the following fees schedule shall apply:
- 33.3% of any recovery up to $1,000,000.00 from that Defendant through trial; and
- 20% of any recovery from that Defendant between $1,000,000.00 and $2,000,000.00 and
- 15% of any recovery from that Defendant in excess of $2,000,000.00
In the event that an appeal is taken from the lower court by either said an additional 5% of any recovery is to be added to the above-stated percentages.
Some agreements may require you to pay for costs and expenses in addition to certain fees. These have to be paid, even if you lose your case and your attorney decides not to collect a fee. When your case settles, your attorney provides you with an itemized bill, which shows all costs and expenses, in addition to any fees if the case is won. Any attorney who has represented you must sign this statement. Your attorney will answer any questions you have about any expenses and fees.