CONTINGENT ATTORNEY’S FEES IN AUTO CRASH CASES

As an attorney that frequently deals with attorney fee structures I often find myself assuming that the client knows what I am talking about. I explain the fee structure to the client but the client may not understand exactly what I mean.

The Florida Bar allow attorneys, that represent clients in personal injury cases such as auto accident, motorcycle accidents, bicycle accidents, and slip and fall accidents, to charge 33 1/3% of what is recovered for the client.  There are some other percentages from the Florida Bar outlined below. READ MORE

“(i) Without prior court approval as specified below, any contingent fee that exceeds the following standards shall be presumed, unless rebutted, to be clearly excessive:

1. Before the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action:
2. 33 1/3% of any recovery up to $1 million; plus
   2. 30% of any portion of the recovery between $1 million and $2 million; plus
   3. 20% of any portion of the recovery exceeding $2 million.
3. After the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action, through the entry of judgment:
4. 40% of any recovery up to $1 million; plus
   2. 30% of any portion of the recovery between $1 million and $2 million; plus
   3. 20% of any portion of the recovery exceeding $2 million.”

For example if there is a $10,000 recovery from the auto accident the attorney’s fees would be $3,333.33 plus costs incurred. Regardless of the number of hours the attorney works his fee is the same. For example if the law firm has 40 hours of work into the file their fee would average around $83 an hour.  If you paid the attorney an hourly rate of $300 you would owe the attorney $12,000.

The best bonus for the client is that if there is no recovery there is no fee.  You owe the attorney nothing, not even the expenses the attorney paid for! What other profession does that.  Try going to your doctor and telling them they will only get paid if they cure you!  The personal injury protection (PIP) coverage that pays $10,000 to your medical providers is not used in the calculation of attorney’s fees as that is a benefit that is automatic regardless of your attorney’s efforts.

If you are injured in an auto crash, motorcycle crash, bicycle crash, or hit by car walking down the road call Renee Dial at DKN Legal for a free consultation. (321) 329-5449 ext. 1 DKN Legal, PLLC “Your Community Your Attorneys”

Our office provides FREE CONSULTATIONS for Auto Accident, Motorcycle Accident cases, and a variety of other injury cases.

If you have questions regarding bicycle crashes, automobile and motorcycle collisions in Melbourne, Palm Bay, Patrick Air Force Base, Cocoa, and the beaches. Or if you have any questions regarding insurance coverage on your auto or motorcycle please do not hesitate to contact Renee Dial at (321) 329-5449 ext. 1 or press 4 for new clients.

Nothing in this article should be construed as legal advice nor as forming an attorney-client relationship or any other form of legal representation. Consult with an attorney at DKN Legal or another attorney of your choice for legal advice.