FAQ for Personal Injury Case Fees in Florida and Georgia

If you have never hired a personal injury lawyer before, the fee side of things can feel like a mystery. This FAQ walks through how contingency fees work in Florida and Georgia, what to expect from Battle Law, and the questions we hear most often from new clients. If you do not see your question here, please call us at (866) 9-BATTLE and we will be glad to talk it through with you.

How Personal Injury Fees Work

1. Do personal injury firms charge upfront fees?
   No. Almost all personal injury firms, including Battle Law, work on a contingency fee. There is no retainer and no hourly billing. You pay no attorney’s fees unless we recover compensation for you.

2. What exactly is a contingency fee?
   It is a fee that is paid only if your case results in a recovery, whether by settlement or a verdict. The fee is a percentage of that recovery, and the percentage is spelled out in a written agreement you review and sign before we begin work. If there is no recovery, there is no attorney’s fee.

3. What percentage do personal injury lawyers charge in Florida?
   Florida is one of the few states that caps contingency fees. Under Rule 4-1.5 of the Rules Regulating The Florida Bar, absent court approval, the fee generally cannot exceed 33 1/3% of the first $1 million recovered if the case resolves before the defendant files an answer (or a demand for arbitration is made), and 40% of the first $1 million once the case moves past that point through trial. Lower percentages apply to amounts above $1 million, and an appeal can add up to 5%. Every Florida firm has to work within these limits.

4. What percentage do personal injury lawyers charge in Georgia?
   Georgia does not have a fixed fee schedule. Fees must be reasonable under Georgia’s professional conduct rules, and in practice most personal injury firms charge somewhere between one third and 40% of the recovery, often with a lower percentage if the case settles before a lawsuit is filed and a higher one if it goes into litigation.

5. Is the fee different if my case settles before a lawsuit is filed?
   Often, yes. Both Florida’s fee schedule and most Georgia fee agreements step up once a case is in litigation, because filing suit adds a significant amount of work, time, and expense. Your agreement will tell you exactly where the line is.

6. What does Battle Law charge?
   Our fee is a percentage of your recovery, set out in a written contingency fee agreement that complies with the rules in the state where your case is handled. We go over the exact percentage, and how it changes if a lawsuit becomes necessary, during your free consultation, so you know the numbers before you sign anything. If we do not recover compensation for you, you owe us no attorney’s fee.

7. Are case costs separate from the attorney’s fee?
   Yes. Costs are the out-of-pocket expenses of pursuing a claim, such as medical records, filing fees, depositions, and expert witnesses. Battle Law advances these costs for you, and they are reimbursed from the recovery at the end of the case. Your fee agreement explains how costs are handled, and you will see every cost itemized on your closing statement.

8. What is the Statement of Client’s Rights?
   In Florida, every contingency fee client receives a Statement of Client’s Rights before signing a fee agreement. It explains your right to understand the fee, to receive a closing statement, to ask questions at any time, and to cancel the agreement within three business days of signing without owing anything.

9. Can I change lawyers after I have signed with a firm?
   Yes, in both Florida and Georgia you can change lawyers at any time. In most cases switching does not increase the total fee you pay. The fee is usually divided between the firms based on the work each one did, and we handle that on the back end so you do not have to.

10. Are there hidden costs later?
    No. Your fee agreement lists what you are responsible for, and your closing statement shows the settlement amount, the attorney’s fee, the case costs, and any medical bills or liens paid on your behalf, line by line, before any funds are disbursed.

About Your Case and Our Firm

1. Do personal injury cases usually go to trial?
   No. The large majority of personal injury cases settle before trial, and many settle before a lawsuit is ever filed.

2. Does settling before a lawsuit happen often?
   Yes. Insurers frequently prefer to resolve strong claims early rather than take on the cost and risk of litigation. That said, we prepare every case as if it will go to trial, because that preparation is what produces the best offers.

3. What if my case does not settle before a lawsuit?
   Then we file suit and keep going. Our attorneys have taken cases through litigation and trial and have the resources to do so when that is what it takes.

4. Are Battle Law attorneys experienced?
   Yes. Our attorneys average more than ten years of experience. We do not hand your case to a brand new lawyer or a case manager.

5. Does Battle Law have trial experience?
   Yes. Our trial attorneys have obtained seven-figure verdicts, although most cases are resolved without going to trial.

6. What types of personal injury cases does Battle Law handle?
   Auto and truck accidents, motorcycle accidents, slip and falls, workplace injuries, boating accidents, rideshare accidents, and wrongful death claims, among others.

7. Does Battle Law handle insurance negotiations directly?
   Yes. We manage all communication and negotiation with the insurance companies on your behalf, so you can focus on recovering.

8. How quickly can my case settle?
   It depends on the facts, the extent of your injuries, and how long your medical treatment takes. Some cases resolve in a few months. Others take longer, and it is usually a mistake to settle before you know the full extent of your injuries.

9. Is the consultation really free?
   Yes. There is no charge and no obligation to talk with us about your case.

Why Choose Battle Law

• No Fee Unless We Win: You pay no attorney’s fees unless we recover compensation for you.

• Experienced Lawyers: Attorneys with more than ten years of experience handling your case personally.

• Ready to Litigate: Prepared to file suit and try your case when that is what it takes.

• Transparent and Fair: A written agreement up front and an itemized closing statement at the end. No surprises.

• Local Offices: We serve clients throughout Florida and Georgia from our offices in Clearwater, FL, Atlanta, GA, and Valdosta, GA. See all of our locations.

Have a Question About Fees?

Please call us at (866) 9-BATTLE or send us a message, and we will be glad to walk you through it. Thank you for considering Battle Law.