After a crash, you may be sorting through insurance forms, repair estimates, and medical bills. A lawyer's fee agreement deserves careful attention too: it sets out the fees and expenses that affect how much of a recovery you keep. For a Florida car accident claim, check these terms before signing.
Key Takeaways
- Florida requires contingency-fee contracts to be in writing, so ask for the agreement itself.
- Check the lawyer's percentage and the case-expense terms separately.
- The client-rights statement covers early cancellation, final accounting, and settlement decisions.
Read the Payment Terms First
The Florida Bar says every contingent-fee contract requires a written agreement. A verbal promise or website description cannot replace it. Take time to read your contracts in full, because misunderstood terms can lead to avoidable disputes later.
Under a contingency arrangement, the lawyer's fee depends on a recovery. Expenses have separate rules, so check those even if the agreement says no attorney fee is due without a recovery. Start with these four items.
The percentage. Find the exact share the lawyer takes and any event that raises it. If the agreement sets different rates for different stages of the case, ask what triggers each change.
The work covered. Ask whether the agreement covers negotiating with the insurer, filing a lawsuit, handling an appeal, and dealing with your property damage claim. Don't assume every task is included.
The named firm. The agreement should identify who represents you. When reviewing any firm's agreement, confirm who will handle your case and what work they will do.
Your copy. Keep a signed copy of the agreement and the Statement of Client's Rights so you can refer to them during the case and when reviewing the closing paperwork.
Work Out What You Could Take Home
Alongside the attorney fee, case expenses and any applicable repayments affect the amount you receive.
Case expenses. The attorney fee pays for the lawyer's work. Expenses cover costs such as court filing fees. The Florida Bar's consumer pamphlet on attorneys' fees explains that a contingency arrangement may still require you to pay expenses, including when there is no recovery. Ask who advances those costs, whether you owe them if the case is lost, and whether large expenses need your approval.
Florida's professionalism expectations, amended effective May 18, 2026, say a lawyer should avoid charging unnecessary expenses to the client. That guidance does not waive case costs.
The Florida framework. The Bar's ordinary schedule lists 33 1/3 percent on the first $1 million recovered before an answer to a lawsuit or a demand to appoint arbitrators is filed, or the corresponding filing period expires. It lists 40 percent on the first $1 million after that point, through the entry of judgment. These are general limits with exceptions rather than mandatory prices.
If you are comparing firms, a Boca Raton Car Accident Lawyer page such as the one from Werner, Hoffman, Greig & Garcia outlines a free consultation, evidence gathering, insurer negotiation, and contingency representation, but it does not publish an exact percentage. Those service descriptions are a useful starting point, so request the written agreement to confirm the proposed fee and expense terms.
The calculation order. Whether the lawyer calculates the fee before or after deducting expenses changes what you keep. This hypothetical worksheet uses a $90,000 recovery, a one-third fee, and $6,000 in case expenses.
Line
Fee Calculated First
Expenses Deducted First
Recovery
$90,000
$90,000
Attorney fee (one-third)
$30,000
$28,000
Case expenses
$6,000
$6,000
Balance before any applicable medical repayments or other deductions
$54,000
$56,000
The $2,000 difference illustrates calculation order only. It does not estimate a case's value or quote any firm's fees.
Other deductions. If Medicare paid for crash-related treatment, federal guidance says beneficiaries and their lawyers should account for Medicare reimbursement during settlement negotiations. Any applicable repayment is separate from the attorney fee. Ask how it could affect the amount you receive.
Check Your Rights Before Signing
Florida's Statement of Client's Rights explains your role in the representation, including cancellation, settlement decisions, and review of the final accounting.
Get answers in writing. The Florida Bar's guide to finding a lawyer recommends writing down lawyers' answers and comparing them. Request the written agreement for the percentage and expense terms.
Understand the exit terms. Under the client-rights statement, you can cancel by written notice within three business days of signing without owing an attorney fee. Actual costs incurred during that period may still be payable. Ask what happens if you leave later or switch lawyers.
Review the final breakdown. You have the right to review and approve a closing statement showing the recovery, expenses, and attorney fee. You also make the final decision to accept or reject a settlement, with advice from your lawyer.
Before signing, ask for:
- The full agreement and the Statement of Client's Rights.
- A named contact for questions about your file.
- A written explanation of who pays expenses and when.
- A sample deduction breakdown showing how the fee and expenses are calculated.
Conclusion
A fee agreement is easier to review when you separate the percentage, expenses, repayment obligations, and cancellation terms. Read the document carefully, ask questions in writing, and keep the signed agreement for reference.
FAQs
Can I negotiate the percentage?
Yes. The Florida Bar's client-rights guidance covers negotiating fees, and its schedule sets general limits rather than fixed prices. Any agreed change should appear in the written agreement.
Could I still owe expenses if nothing is recovered?
Possibly. Case expenses are separate from the contingent attorney fee. Whether you owe expenses without a recovery depends on your agreement's wording.
Can I change my mind after signing?
The client-rights statement allows cancellation by written notice within three business days of signing without an attorney fee. Actual costs incurred during those days may still be payable. Ask about the terms for ending representation later.
Who decides whether to accept an offer?
You make the final decision to accept or reject a settlement. Your lawyer advises you about the offer.
The opinions on this page are for general information purposes only and do not constitute legal advice on which you should rely.
