Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive a percentage of your award if and when you recover for your injuries. The Florida Supreme Court and the Florida Bar have adopted a maximum fee schedule that attorneys are permitted to charge in contingency fee cases. Generally speaking, contingency fees may not exceed 40% of the first $1 million, 30% of the second $ million, and 20% of all amounts over $2 million. If an appeal is filed the fee may rise 5% more. There are other limitations, exceptions, and special circumstances where this may vary. If you and your attorney agree to a contingency fee, the attorney must put the agreement in writing and provide you with a signed copy. The attorney's out of pocket costs are in many cases not included in the attorney's fees. You should be sure to pay attention to how an attorney will bill you for costs because they can amount to quite a significant sum.
