Is it really a “Free Consultation”?
QUESTIONS AND ANSWERS ABOUT “FREE CONSULTATION” AND “NO RECOVERY = NO ATTORNEY FEES”
Q. Is there any hidden cost or obligation with the “Free Consultation”?
A. There is no costs and no obligation. A free consultation is free and is available by phone, or in person.
I offer the free consultation in my office, or at a hospital if you are a hospital patient. The free consultation is to answer questions you may have and to evaluate your potential claims.
If yours is a case we agree I can help you pursue, my fee agreement for pursuing injury and wrongful death claims is a no recovery = no attorney fees or costs agreement.
Q. What is a no recovery = no attorney fees or costs agreement and if there is a recovery what are the attorney fees and who pays them?
A. A “no recovery = no attorney fees or costs agreement” means I will agree to pursue your case on the basis where if there is no recovery you owe me no attorney fees or costs. My goal is to obtain the best possible recovery for you. When there is a recovery, my attorney fees will be a percentage of that recovery. The attorney fee percentage varies from 25% to 33 1/3 % for most cases. If you instruct me to file a lawsuit, for some cases the attorney fee percentage becomes 40%. For recoveries over $1 million dollars, there is a sliding scale that reduces the attorney fees. Those percentages were set by the Florida Supreme Court and have been the same for many years. Attorney fees on cases involving significant injuries or a death may be negotiable at the outset of the case.
It is possible in some cases to require the insurance company to pay your attorney fees if we obtain a recovery or favorable judgment. Florida law provides that in certain cases that your insurance company will owe your attorney fees. For example, when you sue your own insurance company for not providing insurance coverage, or for not making a fair payment on your medical claim or lost wages claim under PIP coverage, or for not making a fair payment under your collision or comprehensive coverage, we can recover your attorney fees from your insurance company. If I pursue those cases for you and there is no recovery, you owe me no attorney fees or costs. If there is a recovery, the insurance company will owe my attorney fees and costs.
If you have any question at all about the attorney fees, I am happy to answer those questions for you in a free initial consultation.