One of the most common reasons injured people don’t call an attorney is money. They assume that hiring a lawyer means writing a check they can’t afford, paying by the hour, and racking up a bill regardless of what happens with their case.
That assumption is wrong — and it’s costing people dearly.
Personal injury attorneys, including our firm, work on a contingency fee basis. Understanding what that actually means could be the difference between walking away with a fair recovery and leaving significant money on the table.
The Simple Version
A contingency fee arrangement means this: you pay nothing upfront, and you pay nothing at all unless we win.
If we recover money for you — through settlement or verdict — our fee comes out of that recovery as a percentage. If we don’t recover anything, you don’t owe us a fee. Period.
There is no hourly billing. No retainer. No invoice arriving in your mailbox while you’re still treating for your injuries. The attorney’s financial interest is directly tied to yours. We win when you win. We don’t get paid when you don’t.
How the Fee Structure Works
In Florida, contingency fees in personal injury cases are governed by rules set by the Florida Bar. The percentage varies depending on the stage at which the case resolves.
Generally speaking:
- If the case settles before a lawsuit is filed, the fee is typically 33.3% of the recovery
- If a lawsuit is filed and the case resolves before trial, the fee is typically 40%
- If the case goes to trial, the percentage may be higher
These percentages are standard across the industry and are regulated to protect clients. Your attorney is required to explain the fee structure clearly in a written fee agreement before representation begins. Read that agreement. Ask questions. A good attorney will answer them.
What About Case Costs?
Attorney’s fees and case costs are two different things, and it’s important to understand the distinction.
Case costs are the out-of-pocket expenses required to build and pursue your claim — things like filing fees, medical record retrieval, expert witness fees, deposition costs, and investigative expenses. These are separate from the attorney’s fee.
Most personal injury firms, including ours, advance these costs on your behalf and recover them from the settlement at the end of the case. This means you still don’t pay anything out of pocket while your case is active.
Your fee agreement should clearly spell out how costs are handled — whether they are deducted before or after the attorney’s fee is calculated, and what happens to costs if the case is not successful. Make sure you understand this before you sign.
Why This Model Exists
The contingency fee system was designed specifically to give people access to justice regardless of their financial situation.
Without it, the legal system would effectively be available only to those who could afford to pay an attorney by the hour. Insurance companies, on the other hand, always have lawyers. They have entire legal departments and outside counsel on retainer. They have unlimited resources to defend claims and wear down unrepresented claimants.
Contingency fees level that playing field. They allow a working person who was hurt through no fault of their own to have experienced legal representation going up against a billion-dollar insurance company — without having to front a single dollar.
What You Get for That Fee
It’s worth being specific about what contingency representation actually includes, because it is far more than most people realize.
When Licznerski Law, PLLC takes your case on contingency, we handle everything:
Investigation and Documentation We gather the evidence that supports your claim — police reports, accident scene information, witness statements, surveillance footage, and anything else relevant to establishing what happened and who is responsible.
Medical Record Collection and Review We obtain and review all of your medical records, coordinate with your treating physicians, and build a complete picture of your injuries, your treatment, and your prognosis.
Insurance Communication From the moment you retain us, you stop dealing with the insurance company directly. All communication goes through our office. No more adjuster calls. No more pressure to give recorded statements. No more confusion about what you should or shouldn’t say.
Demand Package Preparation We prepare a comprehensive demand package that documents every element of your damages — past and future medical expenses, lost wages, pain and suffering, and all other applicable categories — and presents your case in the strongest possible terms.
Negotiation We negotiate on your behalf with the knowledge of what your case is actually worth and the credibility that comes from being prepared to take it further if necessary.
Litigation If the insurance company won’t make a fair offer, we file suit and take the case to court. Insurance companies negotiate differently when they know your attorney is willing and able to go to trial.
All of this is included. None of it costs you anything unless and until there is a recovery.
The Math Usually Works in Your Favor
People sometimes hesitate at the contingency percentage, wondering whether they’d be better off negotiating on their own and keeping the full amount.
The data tells a different story.
Studies consistently show that represented claimants recover substantially more than unrepresented ones — even after the contingency fee is deducted. The reason is straightforward. Insurance companies know how to value claims. They also know how to exploit claimants who don’t. An attorney who handles these cases every day knows what cases are worth, knows how to document them properly, and knows how to counter the tactics insurers use to minimize payouts.
A larger recovery with a fee deducted is almost always more money in your pocket than a smaller recovery you negotiated alone.
What Happens at the End of the Case
When your case resolves, your attorney will provide you with a closing statement — a document that itemizes the total recovery, the attorney’s fee, any case costs to be reimbursed, and any outstanding medical liens that must be satisfied. Your net recovery is what remains after those deductions.
You should receive this statement before you sign any final documents, and you should review it carefully. A good attorney will walk you through every line.
At Licznerski Law, PLLC, we believe in full transparency at every stage of the process — including at the end of it.
There Is No Risk in Calling
A consultation with our office costs you nothing. No commitment, no obligation, no fee of any kind. We’ll listen to what happened, ask some questions, and give you an honest assessment of whether you have a claim and what it might be worth.
If we take your case, you pay nothing until we recover for you. If we don’t recover, you owe us nothing.
The only thing you risk by not calling is leaving money on the table that is rightfully yours.
Free Consultation — No Pressure
📞 813-934-3519 📧 [email protected] 🌐 www.licznerskilaw.com
Licznerski Law, PLLC serves clients throughout the Tampa Bay area. The consultation is free. The advice is real.
This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Contact our office directly to discuss the specific facts of your situation.