People often assume that all attorneys work the same and charge the same -- the hourly rate or the retainer fee. Personal injury attorneys, however, do not all work under those arrangements. 

Many personal injury attorneys work on a contingency fee basis. This means once the attorney offers to represent you they are assuming all of the upfront costs. They assume the financial risk and pay all of the fees associated with the case such as expert witnesses, and anything else that comes up during the case that needs to be paid in order for the case to continue; these are considered their hard costs. If the attorney doesn’t win the case then they don’t get paid or reimbursed for their hard costs. You don't owe them anything. 

If the attorney settles the case without having to go to trial then they typically take ⅓ of the settlement offer right off the top. So if your attorney settles the case out of court for $75,000 then he takes $25,000 right off the top. 

If the case has to go to trial then the attorney has more at stake and so they charge more under those circumstances. An attorney that has to take a case to trial will still only get paid if they win at trial. If the trial goes in their favor then they get 40% of the gross result and they will typically ask to be reimbursed for their hard costs. All attorneys keep meticulous records of what they have spent pursuing a case so they can get reimbursed for those hard costs when they win. 

If you have any questions about hiring an attorney for your Florida personal injury case or any questions about your personal injury, please reach out to us. You can call us at 407-254-4901 or text us at 407-644-4444. We are always happy to offer a no obligation, free consultation to discuss your case with you.  

Kim Cullen
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Central Florida Personal Injury and Wrongful Death Attorney
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