By Gregory Maaswinkel, Esq. | Maaswinkel Law, P.A. — Orlando, Florida | Updated 2025
A car accident attorney in Florida costs you nothing upfront. If we win, our fee is a percentage of your settlement — set by Florida Bar rules. If you don’t recover anything, you owe us nothing. That’s a contingency fee, and it’s how Maaswinkel Law works.
But the full picture matters. What percentage do we take? What happens after a lawsuit is filed? What are “case costs” and who pays them? What will your check actually look like after everything is said and done? This guide answers all of it — in plain English, grounded in Florida law, with real numbers.
If you were just in a crash and want to talk to someone first, call us at (407) 999-0045. Consultations are free, and there’s no pressure. If you’d rather keep reading, everything you need is right here.
What Is a Contingency Fee — and How Does It Work in Florida?
A contingency fee means your attorney only gets paid if you do. There’s no hourly billing, no retainer, and no invoice waiting after your first meeting. The fee is a percentage of whatever money your attorney recovers for you — nothing more.
Florida doesn’t leave this percentage up to individual lawyers to decide. The Florida Bar sets the maximum allowed percentages in Rule of Professional Conduct 4-1.5(f)(4)(B). Any fee above those limits is presumed excessive — a protection built specifically for injury victims.
Florida’s Contingency Fee Schedule at a Glance
| Case Stage | Maximum Attorney Fee — Florida Bar Rule 4-1.5(f)(4)(B) |
|---|---|
| Pre-suit settlement (resolves before a lawsuit is filed) | 33⅓% up to $1M · 30% on $1M–$2M · 20% above $2M |
| Post-suit (after a lawsuit is filed in court) | 40% up to $1M · 30% on $1M–$2M · 20% above $2M |
| Defendant admits liability (only damages are disputed) | 33⅓% up to $1M · 20% on $1M–$2M · 15% above $2M |
| Appeal or post-judgment work | Add up to 5% to the applicable rate above |
Most car accident claims that settle before a lawsuit is filed fall into the first row: 33⅓%. If the insurer refuses a fair offer and your attorney files in court, the percentage moves to 40% — reflecting the additional risk, expert witness costs, and trial prep that come with litigation.
Above $1 million, the percentage steps down. That means on a large recovery, your attorney’s blended rate is actually lower than 40%, not higher. More on that in the numbers section below.
Attorney Fees vs. Case Costs: These Are Not the Same Thing
This is the part most law firm websites skip — and it’s the part that most affects what you actually net at the end.
Your attorney fee is the percentage your lawyer earns from the settlement. Case costs are the out-of-pocket expenses the law firm advances to build and litigate your case. Both are separate, and both come out of your settlement at closing.
Common Case Costs in a Florida Car Accident Claim
- Police and crash report fees
- Medical records and imaging retrieval
- Expert witnesses (accident reconstructionists, treating physicians, life-care planners, economists) — $5,000–$25,000+ per expert in complex cases
- Court filing fees (~$400 to file a civil complaint in Florida)
- Service of process and court reporter fees
- Deposition transcripts
- Mediation fees
- Trial exhibits and demonstrative graphics
In a typical pre-suit soft-tissue case, costs might run a few hundred dollars. In a litigated case with multiple experts, depositions, and trial, $15,000–$50,000 is common. At Maaswinkel Law, we advance those costs and are only reimbursed from the settlement. If there’s no recovery, we absorb them.
⚠️ Ask this before you sign any fee agreement: Are case costs deducted before or after the attorney’s percentage is calculated? It matters more than it sounds.
Costs deducted before fee → attorney’s percentage applies to a smaller number → you net more.
Costs deducted after fee → attorney’s percentage applies to a larger number → you net less.
Florida Bar Rule 4-1.5(f)(2) requires the fee agreement to spell this out clearly. Read it before you sign.
What Will My Check Actually Look Like? Real Florida Numbers
Here’s what the math looks like on common settlement amounts. These examples use conservative cost estimates — actual costs vary by case complexity. Medical liens and PIP payback are case-specific and not included here.
Pre-Suit Settlements (33⅓% Fee)
| Gross Settlement | Attorney Fee (33⅓%) | Est. Case Costs | Your Estimated Net |
|---|---|---|---|
| $50,000 | $16,667 | $2,000 | $31,333 |
| $100,000 | $33,333 | $2,500 | $64,167 |
| $250,000 | $83,333 | $4,000 | $162,667 |
| $500,000 | $166,667 | $6,000 | $327,333 |
Post-Suit Cases (40% Fee)
| Gross Settlement / Verdict | Attorney Fee (tiered) | Est. Case Costs | Your Estimated Net |
|---|---|---|---|
| $50,000 | $20,000 | $15,000 | $15,000 |
| $150,000 | $60,000 | $15,000 | $75,000 |
| $500,000 | $200,000 | $25,000 | $275,000 |
| $1,500,000 * | $550,000 | $50,000 | $900,000 |
* The $1.5M example uses the tiered rate: 40% of the first $1M ($400,000) + 30% of the next $500K ($150,000) = $550,000 total fee. The blended rate is 36.7%, not a flat 40%.
Two things the numbers make clear. First, litigation is expensive — the jump from 33⅓% to 40% plus higher expert and court costs means the same $150,000 recovery nets you $75,000 post-suit versus $98,000 pre-suit. This is why a good attorney works hard to settle at full value before filing, and fights hard in court when the insurer won’t budge. Second, the tiered scale above $1M is real protection — on a $1.5M verdict, you’re not handing over 40% across the board.
Your Rights Under the Florida Bar Fee Agreement Rules
Before you sign a contingency fee agreement in Florida, your attorney must hand you the Florida Bar’s Statement of Client’s Rights for Contingency Fees. This isn’t optional — it’s required by Rule 4-1.5(f)(2). Here’s what it guarantees you:
- The agreement must be in writing and signed. Verbal contingency fee agreements are not enforceable in Florida.
- You have three business days to cancel for any reason with no fee owed. You may owe actual costs incurred during those three days, but that’s it.
- You have the right to know your attorney’s experience, how fees are divided if more than one lawyer is involved, and whether your case will be referred to another firm.
- You have the right to report an excessive fee to The Florida Bar.
- The agreement must clearly state the percentage at each stage and whether costs come out before or after the fee percentage is applied.
If a firm can’t or won’t provide a written fee agreement before you sign anything, walk away. Every reputable Florida personal injury firm — including Maaswinkel Law — provides this document as standard.
PIP Insurance, the 14-Day Rule, and How They Affect Your Fee
Florida is a no-fault state. Every Florida driver must carry $10,000 in Personal Injury Protection (PIP). Under Florida Statute § 627.736, PIP pays 80% of your medical bills and 60% of lost wages directly — regardless of who caused the crash.
Here’s what most people miss: your attorney’s contingency fee does not apply to the PIP payment. PIP is your own insurance paying your own bills. The contingency fee attaches to the third-party bodily injury (BI) claim — the money you recover from the at-fault driver’s insurer. That distinction protects your PIP recovery from the fee calculation entirely.
The 14-Day Rule: Do Not Wait
To use your PIP benefits at all, you must see a qualifying medical provider within 14 days of the crash. Miss that window and you forfeit the $10,000 entirely — even if your injuries are real and well-documented.
There’s a second layer: to access the full $10,000, a physician (MD, DO, PA, or ARNP) must determine you have an “Emergency Medical Condition” (EMC). Without that finding, PIP is capped at $2,500. A chiropractor can provide qualifying initial care but cannot make the EMC determination.
💡 Why the 14-day rule matters to your net recovery: Missing the PIP deadline doesn’t just mean losing $10,000 in coverage. It hands the insurance adjuster an argument that your injuries weren’t serious. Seek care within 14 days — for your health first, and your claim second.
For a full walkthrough of what to do in the 24–48 hours after a crash — including the 14-day deadline, how to get your crash report, and what not to say to adjusters — read our Orlando Crash Report Guide. And if you’re noticing pain that started hours or days after the accident, read our guide on delayed car accident injuries — it happens more often than most people realize, and it affects your claim.
When the Other Side Has to Pay Your Attorney’s Fees
In most settlements, your fee comes out of your recovery. But Florida law has two powerful statutes that can shift that burden entirely — making the defendant or their insurer pay your legal fees on top of your damages.
Florida Statute § 768.79 — Proposal for Settlement
Once a lawsuit is filed, either side can serve a formal written settlement offer under § 768.79. If the defendant offers $100,000, you turn it down, and the jury awards you less than $75,000 (25% or more below the offer), you can be ordered to pay the defendant’s attorney fees from the date of the offer onward.
The reverse is equally powerful: if your attorney serves a demand for $100,000, the insurer rejects it, and the jury awards $125,000 or more (25% or more above the demand), the insurer pays your attorney fees and costs as a line item on top of the verdict. This is one of the strongest leverage tools in Florida personal injury litigation — and one reason why an attorney who knows how to use it is worth considerably more than the percentage they charge.
Florida Statute § 624.155 — Insurance Bad Faith
When an insurer unreasonably refuses to settle a valid claim within policy limits, delays payment without cause, or otherwise mishandles a claim, § 624.155 allows you to sue for damages beyond the policy — plus attorney’s fees. The process requires filing a 60-day Civil Remedy Notice (CRN) with the Florida Department of Financial Services first.
Florida’s 2023 tort reform (HB 837) added a safe-harbor: if a liability insurer tenders policy limits within 90 days of receiving proper notice of the claim, a bad-faith action generally can’t proceed. This makes the quality of the initial demand package — medical records, wage documentation, liability evidence — more critical than ever. An experienced attorney builds that package from day one, which is one more reason timing matters.
What HB 837 (2023 Tort Reform) Changed
Florida’s tort reform bill, signed in March 2023, made several changes that affect how personal injury cases are valued and litigated:
- Modified comparative fault now bars any recovery if you are found more than 50% at fault for the crash. Previously, even a mostly-at-fault plaintiff could recover a reduced amount. This makes liability investigation critical from the first days after a crash.
- The statute of limitations dropped from four years to two years for negligence claims arising after March 24, 2023. Two years sounds like plenty of time — it isn’t once you factor in treatment, investigation, and pre-suit negotiation. Don’t wait.
- Contingency-fee multipliers for statutory fee awards under § 768.79 or § 624.155 are now available only in “rare and exceptional” circumstances. This affects what the other side pays when fees are shifted — it does not change what you pay your own attorney under your contingency contract.
If you have questions about how these changes apply to your situation, our personal injury FAQ covers many of the most common questions, and our team is available seven days a week for a free consultation.
What a Free Consultation at Maaswinkel Law Actually Means
Every serious Florida personal injury firm offers free consultations. At Maaswinkel Law, “free consultation” means exactly that: no fee, no obligation, no clock running. You sit with an attorney — not a paralegal, not a call center — and get an honest assessment of what you have, what it might be worth, and what the process looks like for your specific situation.
A lot of people assume a consultation is a sales pitch. It isn’t. It’s the same conversation you’d have after signing, minus the paperwork. If your case isn’t something we can help with, we’ll tell you that plainly and point you toward someone who can.
You can call us at (407) 999-0045, reach out through our website, or come to our office at 629 N Fern Creek Ave, Orlando, FL 32803. We make house calls — if you’re in the hospital or can’t travel, we come to you. We speak English, Spanish, and Vietnamese.
To understand what goes into building a strong car accident case and what damages may be available to you, visit our Orlando car accident attorney page.
Frequently Asked Questions
Do I pay anything if my car accident case is lost?
No. Under a standard contingency fee agreement, you owe no attorney fee if there is no recovery. Case costs are also typically absorbed by the firm when there is no recovery — but confirm this in your written fee agreement before signing.
What percentage does a car accident lawyer take in Florida?
Under Florida Bar Rule 4-1.5(f)(4)(B), the standard contingency fee is 33⅓% if the case settles before a lawsuit is filed, and 40% after a lawsuit is filed. On recoveries above $1 million, the percentage steps down. These are the maximum allowable rates — no ethical Florida attorney can exceed them without a written client waiver.
What is the difference between attorney fees and case costs in a Florida car accident case?
Attorney fees are the percentage your lawyer earns from the settlement. Case costs are out-of-pocket expenses — medical records, expert witnesses, court filing fees, depositions — that the firm advances and is reimbursed for at closing. Both come out of your gross recovery. Always ask whether costs are deducted before or after the fee percentage is calculated, since this affects your final net check.
How long do I have to file a car accident lawsuit in Florida?
For accidents occurring after March 24, 2023, the statute of limitations is two years from the date of the crash under Florida Statute § 95.11. Missing this deadline permanently bars your claim regardless of how strong it is. Contact an attorney well before the deadline to allow time for investigation and pre-suit negotiation.
Does my attorney take a fee from my PIP insurance payment?
In most cases, no. PIP is your own insurance and pays your medical bills and lost wages directly. The contingency fee applies to the third-party bodily injury claim — the money recovered from the at-fault driver’s insurance company. Confirm this with your attorney, as practices can vary by firm.
Can the other side be forced to pay my attorney’s fees in Florida?
Yes, in two main situations. Under Florida Statute § 768.79 (Proposal for Settlement), if your attorney serves a formal demand and the final verdict exceeds that demand by 25% or more, the defendant pays your attorney fees and costs. Under Florida Statute § 624.155 (Insurance Bad Faith), when an insurer unreasonably refuses to settle, you may recover fees and damages above the policy limits.
Can I cancel my contingency fee agreement after signing?
Yes. Florida Bar rules give you three business days after signing to cancel a contingency fee agreement in writing for any reason. You may owe actual costs incurred during those three days, but you owe no attorney fee. Your attorney is required to disclose this right to you in the Statement of Client’s Rights before you sign anything.
How does Florida’s 50% comparative fault rule affect my car accident case?
Under HB 837 (2023), Florida uses modified comparative fault. If you are found more than 50% at fault for the accident, you recover nothing — even if the other driver was also at fault. Below 51%, your recovery is reduced proportionally by your percentage of fault. This makes early, thorough liability investigation essential to protect your claim..
Related Resources
- Orlando Crash Report Guide — How to get your report, fix errors, and protect your PIP benefits after a crash.
- Injured in a Car Accident — Delayed Symptoms — What delayed pain means for your health and your claim.
- Car Accident Attorney — Orlando & Central Florida — What to expect from the claims process, how we build your case, and what damages you may be entitled to recover.
- Personal Injury — Orlando — Overview of all practice areas handled by Maaswinkel Law.
- Vehicle Totaled in an Accident? — Your options when the insurer says your car is a total loss.
External Legal References
- Florida Bar Rule 4-1.5(f) — Contingency Fee Schedule (The Florida Bar)
- Florida Statute § 768.79 — Proposal for Settlement (Florida Legislature)
- Florida Statute § 624.155 — Bad Faith Insurance (Florida Legislature)
- Florida Statute § 627.736 — PIP Coverage Requirements (Florida Legislature)
- Florida Statute § 768.81(6) — Modified Comparative Fault (HB 837) (Florida Legislature)
Florida Bar Disclaimer: The information on this page is general legal information about Florida personal injury attorney fees and is not legal advice for any specific situation. No attorney-client relationship is created by reading this page. Every case is different, and past results do not guarantee future outcomes. Results may vary. The fee percentages described reflect the Florida Bar’s presumptively reasonable limits under Rule 4-1.5(f)(4)(B) and may not represent the exact terms of any specific fee agreement. Maaswinkel Law, P.A. is licensed to practice law in the State of Florida. This communication is not intended to constitute advertising under the rules of any jurisdiction other than Florida.
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