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Long, Jean & Wechsler, P.A.

Long, Jean & Wechsler, P.A.

Personal Injury Attorneys in Pompano Beach Florida

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      • Animal Attack Lawyer
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  • Legal Team
    • Lyle R. Long, Esq.
    • Alex Jean, Esq.
    • Ryan Wechsler, Esq.
    • Len Blumenthal, Esq
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  • Contact Our Personal Injury Law Firm in Pompano Beach, Florida
  • Home
  • Areas of Practice
    • Personal Injury Lawyers in Florida
      • Animal Attack Lawyer
      • Boating Accident Lawyer
      • Car Accident Lawyer
      • Elder Care and Nursing Home Neglect
      • Medical Malpractice Lawyers
      • Motorcycle Accidents
      • Product Liability / Mass Torts
      • Slip & Fall / Premises Liability
      • Sovereign Immunity in Pompano Beach
      • Workers’ Compensation
      • Wrongful Death
  • Legal Team
    • Lyle R. Long, Esq.
    • Alex Jean, Esq.
    • Ryan Wechsler, Esq.
    • Len Blumenthal, Esq
  • Case Results
  • Testimonials
  • Blog
  • Contact Our Personal Injury Law Firm in Pompano Beach, Florida

How Much Do Personal Injury Lawyers Charge?

April 24, 2020 by Lyle Long
personal injury attorney explaining injury claim to client

Once you’ve gotten over the shock of being injured in an accident, and you notice your medical bills piling up, you may decide to sue to get what you deserve. If you feel an insurance company is not offering enough compensation to cover the scope of your injuries, seek representation immediately.

If you or a loved one has been injured in an accident, contact a personal injury attorney today for a free consultation about your case.

If you are thinking about filing a lawsuit to get the compensation you deserve, one of the first questions you may have is how much does a personal injury lawyer charge for their services. It might surprise you to learn that payment is often structured without upfront costs on your end. There are several reasons for this, but most importantly, it lets you focus on any medical treatment you may need while ensuring that your legal rights are protected.

There are several ways to structure the payment for your personal injury lawyer, so don’t let that keep you from consulting us about your case. Once your legal right to sue has been forfeited, you will lose your chance for compensation permanently.

How Much Do Personal Injury Lawyers Charge?

The majority of personal injury lawyers do not expect accident victims to pay their fees out of their own pockets. Most of the time, these fees are paid on a contingency basis. A contingency agreement means that you agree to pay your lawyer a specified portion of the total settlement, should you win your case. If you lose, then the lawyer generally does not get paid.

What Are Contingency Fees and Should You Pay Them?

Generally, with a contingency fee, the attorney fronts the money for the expenses and is paid back out of your settlement, if a settlement is agreed on. However, contracts can be structured in many different ways. Therefore, you should read your contract thoroughly to make sure that your payment schedule works in this manner.

Personal Injury Claims Guidelines

Florida has put in place rules of professional conduct for lawyers handling personal injury claims. These are general guidelines, and lawyers can charge more or less than the amounts covered below if a client agrees in writing.

  • 33% of any amount recovered up to one million dollars if the case is settled before filing an answer to a suit.
  • 40% of any amount recovered up to one million dollars if the case is settled or won at trial at any time after filing an answer.
  • 30% of any additional recovery between one million and two million dollars either through settlement or trial verdict.
  • 20% for any additional recovery more than two million dollars either by settlement or trial verdict.
  • After the settlement or trial, if your case is appealed or your lawyer has to file papers to help collect the money, they may add 5% to their fees.

The reason the percentages rise is that as the case goes forward, it becomes more complicated. Your attorney has put more resources into it. If the case is not successful, the result for the attorney is the same, regardless of when it ends. They do not get paid unless they win. The success of a lawsuit depends on many factors, and each case is different.

How Much Do Injury Lawyers Charge for Medical Malpractice?

Florida law puts limits on how much a personal injury attorney can charge in a medical malpractice case. The client is entitled to receive at least 70% of the first $250,000 awarded in the case, and at least 90% of any award over $250,000, minus costs.

However, these fees can be negotiated with the signed and notarized agreement of the client.

Why Choose a Contingency Fee?

A contingency fee agreement gives personal injury victims the chance to seek justice and the compensation they deserve. Without a contingency agreement, victims often cannot afford access to justice. And the costs can quickly add up, as litigation is time-consuming and sometimes lengthy. It takes a lot to build a case, including deposition costs, investigation fees, and more.

When you are dealing with injuries, treatment, and medical bills, you may not be able to afford the costs of litigation. With a contingency fee, your lawyer can take care of the majority of these fees, and then be reimbursed for them after your case is won. This gives victims who may not normally have the resources to seek compensation a chance to get legal representation.

Get Fee and Expenses Agreement in Writing

In Florida, contingency fee agreements must be in writing and signed. If this agreement is not in writing and signed by the client, a personal injury lawyer cannot collect their fee.

That being said, you should not feel pressured to sign a contingency fee agreement with an attorney if you don’t understand it or don’t agree with it. You have the right to read it thoroughly and carefully. You also have the right to ask questions until you are sure you understand what you are agreeing to.

Can You Agree to an Hourly Fee?

Sometimes, a personal injury attorney may agree to an hourly fee, but this is not common. When this happens, the attorney will set an hourly fee. The client then pays a deposit or retainer that is put in a trust account and signs a contract agreeing to the hourly fees.

As the case progresses and the lawyer works on it, they will send itemized statements of the time spent on the case. The retainer fee is moved from the client’s trust account as the attorney bills for their work. When the account is empty, the attorney may ask for an additional retainer or bill the client monthly.

These types of agreements are more common in family law and criminal defense cases. Although not unheard of in personal injury lawsuits, they are rare. The contingency fee agreement is much more common.

Setting a Reasonable Hourly Rate

If you do enter into an hourly rate agreement with a personal injury lawyer, they are ethically bound to offer a reasonable rate. Lawyers who fail to do this can be sanctioned by the state bar for violating their ethical obligations.

There is no single standard for what makes a fee reasonable or unreasonable. However, according to Rule 4-01.5 of the Florida Rules of Professional Conduct, there are several factors an ethics committee or court can consider when determining if a lawyer has set a fee that is unreasonable, such as:

  • Labor and time required, the difficulty, complexity, and novelty of the questions involved, and the skill needed to fulfill the legal service properly.
  • The probability that taking the case will prevent the lawyer from taking other cases.
  • The rate or fee usually charged in that area for similar or comparable legal services.
  • The significance of the subject matter of the case and representation, the responsibility involved in the representation, and the results of the case.
  • The time limitations imposed by the circumstances or the client, and any special requests or time demands of the lawyer by the client.
  • The length and nature of the professional relationship between the lawyer and the client.
  • The reputation, experience, ability, and diligence of the attorney performing the service and the expertise, skill, or efficiency of effort required by the actual providing of the services.
  • Whether the fee is contingent or fixed, and if fixed, is it amount or rate, then whether the client’s ability to pay is attached in any significant way to the outcome of the case.

If you are thinking about making an hourly fee arrangement with a lawyer, research these issues thoroughly before agreeing to pay an hourly rate. You should also consult other local lawyers to compare rates. The more information you can gather, the better. Carefully think about the pros and cons of each payment method. And, get an estimate of how many hours of work the lawyer expects specific tasks will take. These tasks include negotiating with the insurance company, filing the lawsuit, and more.

Flat Fees in Personal Injury Cases

In general, personal injury attorneys work on a contingency basis, but some may work on a flat fee basis. It is important that you cover this with your lawyer during your initial consultation, so you know exactly what to expect.

Questions to Ask Your Attorney Up Front

During the course of your lawsuit, you will be working very closely with your attorney. You should feel comfortable with the person representing you. You should feel comfortable enough to ask questions about his fees and other costs of the case, such as:

  • What are the terms of your contingency fee?
  • What costs and expenses do you cover?
  • Will I be responsible for paying any advanced case costs if we lose?
  • Do you have a sliding scale option?
  • Do you have a flat fee option?
  • Do you charge by the hour?

Why Does My Lawyer’s Fee Change for Going to Trial

If settlement negotiations in a personal injury lawsuit go to trial, everyone spends more money. This is why insurers usually settle credible injury claims, rather than fighting them in court. First, there are legal fees for taking a case to court. Expert witness fees, administrative fees, court filing fees, and other expenses all add up.

In addition, these cases are time-consuming and require a lot of preparation. Therefore, the percentage that your lawyer takes out will go up.

What Expenses Are Charged Separately?

Separate from fees, “costs” refer to the expenses that are necessary to prepare and pursue your personal injury case, from pre-lawsuit investigation and discovery all the way through trial (and in some cases, appeal). Costs can vary significantly from case to case, but they typically include:

  • filing fees for the personal injury complaint (the document that starts the lawsuit) and any other legal documents
  • fees for serving the complaint, summons, and other documents on the defendant
  • investigation costs such as charges for medical records, police reports, and locating witnesses
  • court reporting fees
  • witness fees
  • expert and consultant fees and expenses
  • mediation fees
  • jury fees
  • administrative costs, such as phone, postage, copying, mileage or travel costs, and more.

In personal injury cases, attorneys generally advance the cost of litigating the case. Whether your attorney is entitled to recover costs from you, in the event that your claim isn’t successful (you don’t receive anything via settlement, or you lose at trial) should be specified in the contingency fee agreement. If you are concerned about costs, you may also set a limit on costs and ask for regular accountings when negotiating the representation agreement.

Negotiating with a Personal Injury Attorney

You may have already investigated your accident and obtained all the documentation pertaining to your claim before you contact an attorney. You may even have negotiated with the insurance company to increase their first settlement offer. If this is the case, you may have done a lot of the work an attorney would do.

In this instance, some attorneys may be willing to lower the percentage of their contingency fee. If you are thinking about negotiating with a lawyer, be sure to bring all your documentation with you to the initial meeting. Show them the organized file of the information you have gathered. If you stress how much work you have already done that their office won’t have to do, the attorney may agree to a reduced arrangement.

However, most lawyers won’t suggest a reduced fee, you will need to bring it up. And many may be slow to agree, in part because their fee would be lower, of course. They may also not feel comfortable not doing their own work so that they can make sure everything is done correctly and your case is as strong as it can be. It’s up to you to demonstrate that the case is in good shape, and your work is useful.

Here are three ways to structure fee agreements that take into account the work you’ve already done:

Reduced Fee for Settlement Negotiation Only

You may be able to make an arrangement with an attorney that if they can resolve your case merely by negotiating the settlement, without any litigation. In this case, they may take a lower contingency fee. They may structure the agreement so that if pre-lawsuit negotiations don’t produce a satisfactory settlement offer, they will then be entitled to the standard contingency fee.

The reason to agree to a larger fee when there is pre-trial settlement is that then the lawyer will actually have to work on litigating the case. This means filing complex legal documents and preparing the case for trial.

Reduced Fee Up to a Specified Settlement Amount

You may be able to make an agreement if you end up receiving a certain amount over what the insurance company has already offered you without the help of an attorney. In these instances, the attorney will receive a basic fee of, for example, 25% of the settlement. For everything you get over that amount, they will get a higher percentage.

Pay Hourly Fee up to a Specified Limit

This is pretty self-explanatory. You can make an arrangement with an attorney to pay them hourly until their fees reach a specified limit. If the claim cannot be settled with that amount of work, the fee will then switch to a contingency fee.

Pay Attention to Payout Clauses

The payout clause will detail how the contingency fee is structured and how much your attorney will receive if the case is settled if the court rules in your favor. Read this carefully, so you know what to expect. Understand that the costs involved in pursuing your case will usually come out of your share of the settlement. And any claims from health care providers will also come out of your share.

Finding the Right Personal Injury Attorney in Pompano Beach, FL

Finding the right personal injury lawyer makes all the difference in the outcome of your case. If you or a loved one has been injured through no fault of your own, and are considering pursuing a lawsuit, contact a personal attorney in Pompano Beach right away. LJW Legal will work tirelessly to get the settlement you deserve.

Category: Personal InjuryTag: personal injury attorney
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1937 E. Atlantic Blvd. Suite 205
Pompano Beach, FL 33060


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Long, Jean & Wechsler, P.A.
Long, Jean & Wechsler, P.A.
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arletty fernandezarletty fernandez
21:24 13 Nov 22
Ryan and Helen were very thorough and diligent with my case. This was my first time having to hire for this type of service and am honestly thrilled to have been referred to such a diligent, efficient and caring team. They made sure to stay in touch and keep me updated all throughout my case. HIGHLY RECOMMEND. Thank you all for your excellent care.
Florane FleurinorFlorane Fleurinor
14:52 03 Oct 22
Very good, professional and responsible lawyer. His office was in contact with me every time they had new information. Step by step Mr. Alex Jean would explain to me what is going on with my case. I didn’t have to wait for years for results. So far from what I hear from other people about their cases Mr. Alex Jean is the best. And I will reference my family and friends you and thank you so much
alexis Johnsonalexis Johnson
20:35 13 Sep 22
Ryan Wechsler is by far one of the best lawyers around. He gave me the assurance that everything was going to be okay. He is a very professional, respectful, knowledgeable, enthusiastic, and an honest lawyer. His entire team (Daniela & Helen) was amazing. Very pleasant and kept me up to date every step of the way during my case. Ryan fought hard for me! I’m very thankful for all of his hard work and everyone at Long, Jean & Wechsler. If you’re ever in need of a great legal team give them a call.
Saif PowerSaif Power
14:59 30 Aug 22
Lyle was a pleasure to work with, he delivered on his promises. He was very prompt with his responses and very helpful when we first touched base. I’d definitely take him again on any relevant case.
Luiz CentLuiz Cent
02:15 13 Jul 22
I hired Alex Jean for a personal injury case and little did I know I was going to get world class treatment.I was referred to the best Chiropractors in Miami and then when I moved to St.Pete the LJW team had great connections there too.My Tesla is as good as new, my back is recovering and not to mention the settlement from the insurance. If I didn’t hire them I’d still be trying to recover money from insurance to fix my car.⭐️⭐️⭐️⭐️⭐️ If you need a personal injury attorney I 100% recommend Alex Jean and the team at LJW.
Princess Maryam Abdul-AkbarPrincess Maryam Abdul-Akbar
16:29 07 Jul 22
Ryan Wechsler is an excellent attorney. He worked tirelessly on my case, which was a difficult one to begin with. When other attorneys were given me issues to take my case, he was the only one that was reassuring and determine to seek justice for me. I completely trusted his counsel. Had it not been for Mr. Wechsler I would have accumulated a lot of debt. I am forever grateful that he accepted my case.
Angelina AkkadAngelina Akkad
12:47 30 Jun 22
Ryan and the team are absolute rock stars! I got a recommendation from a good friend to use them, and I was not disappointed. They solved my issue with one strong letter and avoided a bad situation and lots of time and $$$ saved. I will definitely be using them again if the need ever arises.
Micheca AristildeMicheca Aristilde
19:46 08 Jun 22
Very good firm. I had an unusual case. A crane dropped on my car the week of Christmas. Considering the fact my accident occurred during the holiday season, Lyle and his paralegal, Helen, ensured that I received treatment the same day, got a rental, and even settled my case in less than 6 months.They were extremely polite, communicative, and on top of everything. I highly recommend reaching out to them for great legal representation.
GatorGator
19:20 08 Jun 22
Worked with Ryan and he helped me navigate the process of our law suit. Was in great communication throughout the process. 5 stars
Patrícia OsorioPatrícia Osorio
02:16 08 Jun 22
We had a great experience with Lyle and their team. The communication worked great, they had the patience to explain all the details to us and were responsive to our questions. We got a great settlement.
Perry CrawfordPerry Crawford
18:55 15 Apr 22
Lyle and his law group conducted themselves professionally and were very caring and concerned about my injury. My recovery was foremost on their minds.He fought for me relentlessly and got me what I truly deserved. His confidence and tenacity won the case decisively.Thanks Lyle.
Andrea ChlimperAndrea Chlimper
17:18 15 Apr 22
I highly recommend Lyle Long and his firm. Additional to a very very good settlement amount, Lyle and his staff were a pleasure to work with. Lyle walked me through the entire process from the moment I contacted him regarding my automobile accident. They were excellent with communication, returning my calls/emails and keeping me informed with updates and progress. Unfortunately, this is my 2nd time hiring his firm. My first experience was that positive that I never thought about hiring another firm to handle my legal matter.
TT
20:04 28 Mar 22
I highly recommend using this law firm. They’re super friendly, super helpful and very very professional. They had everything under control and dotted all the i’s and crossed all the t’s. I couldn’t be more happy with there service!!!
Viral-_-buildzViral-_-buildz
18:44 01 Feb 22
I got Into an accident 8/13/2021. A friend of mine told me to contact Ryan, I reached out to him the day after my accident ( which happened to be a weekend day ) and he immediately got right on the case. He was very helpful and I was literally able to reach out to him by phone or text any day and any time. He is always available. He set me up for all of my medical treatment and made sure I understood the whole entire process. He’s a great lawyer and is really on your side. My case was resolved in 4 months and my settlement was way more than I expected. I couldn’t be more thankful for him and his staff. They are excellent.Thank you Ryan,Latia J
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