Contingent Fees
Because most clients are unable to pay hourly fees for the extensive time required to prepare and litigate a medical malpractice or serious personal injury or wrongful death case, or to advance the substantial costs and expenses needed to hire expert witnesses, take depositions, and otherwise prepare the case, almost every firm who handles these cases undertakes them on a contingency fee basis. Our firm does also. This means that you owe an attorney’s fee to us if and only if there is a recovery in the case. If you lose the case, or if you recover a judgment that is not collectable, or if for some other reason you do not receive money, then we do not get paid. In our firm, you are not obligated for any costs that we advance if we are unsuccessful in the case.
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Before we are formally retained to represent you, a contingency fee agreement and statement of client’s rights must be signed.
The Florida Supreme Court has promulgated fee guidelines that are used by most attorneys. The fees cannot exceed the percentages stated in these guidelines without a hearing and order for the trial judge which makes certain findings.
Although there is no exact form that this agreement must take, we use a typical contingency fee agreement. This agreement sets contingency fees that in medical malpractice cases are typically one-third of forty percent of the recovery,
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depending upon the stage of the proceedings at which the case is resolved. On substantial awards, these percentages are reduced. In cases where a defendant admits liability at or before filing his answer, recovery is limited to one-third on the first $1 million and lesser percentages on the remainder. In any action brought against a state or local governmental entity, no portion of the fee from such recovery may exceed 25%.
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