Roman Austin Personal Injury Lawyers | April 8, 2025 | Miscellaneous
Attorneys structure their fees in various ways, with the billable hours model being just one option. In personal injury cases, contingency fee arrangements are far more common, where you actually only pay your lawyer if they win compensation for you.
If you choose to retain legal representation in any capacity, it is essential to carefully review the fee agreement to fully understand the terms and avoid any unexpected costs.
The Contingency Fee Arrangement
Under the contingency fee arrangement, the attorney’s fee amounts to a certain percentage of whatever amount the lawyer wins for the client, either in court or at the settlement table. Typically, this amount is about 33% of your recovery if there is no trial or 40% if there is a trial. Nevertheless, these fees vary from case to case.
Types of Cases Where Lawyers Prefer the Contingency Fee Arrangement
The contingency fee arrangement is popular, even dominant, among lawyers who handle certain types of cases for which a successful outcome generates the money the client needs to pay their attorney’s fees. Typically, but not always, these cases involve some sort of personal injury. They include:
- Standard personal injury cases (car accidents, slip and fall accidents, and more);
- Medical malpractice cases, such as when a doctor injures a patient by botching a surgical procedure;
- Product liability, such as when someone gets sick from a defective prescription drug;
- Class action lawsuits, which may or may not involve personal injury (consumer fraud is a common basis for a class action lawsuit, for example); and
- Workers’ compensation claims, which involve workplace injuries and apply an entirely different set of rules.
So how much does a lawyer get paid if they take one of the foregoing cases on a contingency fee basis and lose? If you lose your case and receive no compensation, the lawyer also receives no fee. If the lawyer settles your case for a paltry $100, then under a typical contingency fee arrangement, the lawyer’s share would amount to $33.33. The contingency fee system makes legal representation available to almost anyone who finds a law firm that uses it.
Case Expenses
Every case involves a certain amount of expenses—copying, court costs, investigation expenses, expert witness fees, and others. Depending on the circumstances (whether you’re likely to go to trial, for example), your lawyer might agree to handle these expenses and charge for them only if they win.
If this happens and your lawyer loses, they will lose money on your case. If they win, however, they will deduct their out-of-pocket expenses from the amount you win. Under certain circumstances, they might require you to pay case expenses in advance or as they arise.
Lawyers handle these expenses differently, so check with your attorney to see how they will be treated in your specific case.
The Billable Hour Arrangement
The term ‘billable hours’ refers to an hourly fee for the lawyer’s services. This fee typically amounts to hundreds of dollars an hour, win or lose. Rarely does a lawyer charge less than $100 an hour unless there is a charitable aspect to their work (pro bono cases, for example).
Example
If, for example, you agree to pay the lawyer $200 an hour to handle your case, and they put in 20 hours of work, their fee amounts to $4,000, win or lose. This arrangement is probably the most expensive for clients.
The Flat Fee Arrangement
Lawyers generally charge a flat fee when the client asks for a clearly defined product (a will, for example, or a US visa application). In such cases, the boundary between ‘winning’ and ‘losing’ can blur. Writing your will, for example, should count as a win if the probate runs smoothly. It’s just that you won’t be around to see it happen. A visa application, on the other hand, counts as a win if immigration authorities approve the visa.
Win or lose, under a flat fee arrangement the lawyer’s fee is the same. The only difference is how much work they have to put in to complete the assignment.
Do You Need a Florida Personal Injury Lawyer?
If you suffered a significant injury, you probably need a personal injury lawyer to maximize your compensation. You might also need to consult with a lawyer to determine whether you even have a valid claim. Fortunately, most personal injury attorneys will meet with you to discuss your case for free. Contact a lawyer today to get started.
Contact the Tampa Personal Injury Law Firm of Roman Austin Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Personal Injury Lawyers for a free initial consultation with a personal injury lawyer in Tampa. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.
We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:
Roman Austin Personal Injury Lawyers – Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500
Roman Austin Personal Injury Lawyers – Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610
Roman Austin Personal Injury Lawyers – Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588
Roman Austin Personal Injury Lawyers – New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442
Roman Austin Personal Injury Lawyers – St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500
Roman Austin Personal Injury Lawyers – Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500
