In the majority of Florida motorcycle accident cases, there will be no upfront fee for a lawyer’s services since personal injury attorneys typically work on a contingency-fee basis, meaning they only get a percentage of your recoveries. Florida Bar rules generally presume the following maximum percentages: 33 1⁄3% of the amount from $1 million through before filing an answer; 40% of the amount from $1 million through judgment; and 20% of the amount above $2 million.
But the costs don’t stop there – legal fees can also be an issue! Some costs can apply to cases, including filing fees, expert fees, medical-record fees, and investigation fees—these are all separate and should be outlined in your written agreement.
At Abercrombie P.A., a motorcycle accident lawyer in Winter Park can tell you up front how he or she charges for his or her services and will inform you of any expenses you will be liable for if you bring your case to his or her attention.
Florida’s Regulated Contingency Fee Structure
Florida has a regulated, statute-backed contingency fee structure. In a contingency fee agreement, the lawyer’s fee depends on a successful recovery through settlement or judgment. Florida requires contingency-fee agreements to be in writing and signed by the client. The rules also require the client to receive and sign a statement notifying them of certain client rights.
Florida Bar Rule 4-1.5 has the following schedule for qualifying personal-injury cases:
| Recovery amount | Pre-suit / before answer | Post-suit / after answer through judgment |
|---|---|---|
| First $1 million | 33⅓% | 40% |
| Portion from $1 million–$2 million | 30% | 30% |
| Portion above $2 million | 20% | 20% |
Most of these percentages are cumulative and are not intended to imply that all settlement is subject to the highest applicable percentage. For example, the percentage for recovery in excess of $1 million is calculated separately from the amount of recovery in excess of $1 million.
The rules also provide for situations where defendants admit liability and the trial is limited to damages and some appellate and postjudgment work. Consideration of your actual agreement should therefore be carefully considered – note that it is not just the percentage that is shown online.
What Counts as “Case Costs” (Separate From Attorney Fees)
Case costs are the costs associated with the investigation, preparation, negotiation, and/or litigation of your claim. They are not the attorney’s contingency fee.
There may be these potential costs:
- Court filing fees
- Medical record and medical billing expenses
- Expert-witness fees
- Accident reconstruction
- Cost of deposition and transcript
- Investigative services
- As a result, we will take photographs and collect evidence.
- Court reporter fees
- Service-of-process expenses
Worked Examples — What You’d Actually Net
Some motorcycle accident lawyers in Winter Park will pay some costs up front and pay for others differently, or a settlement may cover costs in other ways. According to The Florida Bar, a lawyer must explain the reasons for fees and costs, and costs incurred by the client must meet ethical standards. When negotiating a contract, ask whether costs are deducted before or after the contingency percentage. Ask what will happen to the outstanding expenses if they are not recovered.
The following are examples only, with a contingency fee of 33 1⁄3% and hypothetical case costs of $5,000. Your actual agreement, case costs, and net recovery could differ.
| Settlement amount | Example attorney fee | Example costs | Approx. net to client |
|---|---|---|---|
| $30,000 | $10,000 | $5,000 | $15,000 |
| $60,000 | $20,000 | $5,000 | $35,000 |
| $100,000 | $33,333 | $5,000 | $61,667 |
| $250,000 | $83,333 | $5,000 | $161,667 |
These numbers are provided to give an indication only. They do not reflect medical liens, insurance reimbursements, other litigation costs, varying contract percentages, etc., which may impact the final amount.
Why Motorcycle Cases Often Fall Into Higher Fee Tiers
Motorcycle cases can end up with higher total costs and larger recoveries, even though the contingency percentage itself doesn’t change because a motorcycle was involved. The percentage typically depends on the terms of the contingency agreement and the nature of the litigation, not the type of vehicle involved, which in this instance is a motorcycle.
Motorcycle cases are undoubtedly factually and legally complex, however. Insurers could claim that the motorcyclist caused the crash, and if they were injured, they could end up with severe injuries even after wearing protective gear.
When liability is in question, severe injuries, permanent disability, or large damages may involve accident reconstruction, medical and injury experts, depositions, and extensive negotiations or litigation.
While it does not necessarily change the contingency-fee schedule, it can increase a case’s costs and legal effort. Getting a written breakdown of both the lawyer’s fee and the expected expenses of the lawsuit will allow you to have an understanding of how the case will be handled financially before proceeding further.
Questions to Ask Before You Sign a Fee Agreement
Before you sign anything, it’s worth getting clear, direct answers on the financial side of your case. A few questions worth asking any motorcycle accident lawyer during a free consultation:
- Are case costs deducted from my settlement before or after the contingency fee is calculated?
- Do I owe anything if we don’t win or settle the case?
- Will the fee percentage change if the case goes to trial instead of settling?
- Who covers costs like expert witnesses and accident reconstruction if the case doesn’t succeed?
- Is the fee agreement itself something I can keep a signed copy of?
A reputable motorcycle accident attorney should be able to answer each of these clearly, in writing, before you agree to representation. If an attorney is vague about costs or pressures you to sign quickly, treat that as a red flag.
Frequently Asked Questions