How Much Does an Attorney Charge for a Car Accident Claim in Florida?

Most people call Stockwell Law with two questions: “Do I have a case?” and “What will this cost?” The short answer on cost is simple: you don’t pay me by the hour. In Florida car accident cases, I work on a contingency fee. That means my fee is a percentage of the recovery and I only get paid if I recover money for you. If there’s no recovery, you owe no attorney’s fee.

The usual percentages (and why they change)

In a typical Florida auto case, the fee is:

• About one-third (33⅓%) if your case resolves before a lawsuit is filed.

• About 40% if I file suit (or the defense files certain responses) and the case moves into litigation, through trial, or is resolved along the way.

Those are the most common tiers you’ll see in personal injury agreements across the state. There are nuances for very large recoveries and special case types, but for a standard car crash claim, those two numbers cover the vast majority of situations.

What about costs?

Case costs are different from the attorney’s fee. Costs are the out-of-pocket expenses needed to move your claim forward—things like medical records, postage, filing fees, deposition transcripts, expert witnesses, accident reconstruction, and exhibits. In almost every case I advance those costs for you. When we win or settle, costs are reimbursed from the recovery, then the contingency fee is applied according to the agreement. (Your fee agreement will say clearly whether the fee is calculated before or after costs—if you’re comparing lawyers, ask this plainly.)

A simple example

Let’s say we settle your case for $100,000 before filing suit.

• Attorney’s fee (33⅓%): $33,333

• Case costs (example): $2,000

• Medical bills/liens to be paid from settlement (example): $15,000

• Client net: $49,667

If the same case settled after a lawsuit is filed at the 40% tier, your net would be lower because the fee percentage is higher and litigation costs are usually higher too. That’s why I talk with clients early about leverage vs. cost—when to push and when to resolve.

Why the percentage goes up in litigation

Litigation takes more time, more risk, and more investment. Depositions, court hearings, expert discovery, mediation prep, and trial preparation all live in the litigation world. The higher percentage reflects that increased workload and the risk I carry by advancing costs for months (sometimes years).

Will my PIP cover everything so I don’t need a lawyer?

Florida is a no-fault state for the first layer of medical bills. PIP (Personal Injury Protection) pays a portion of your medical expenses and limited lost wages regardless of fault, but it rarely covers everything—especially if you’re dealing with ongoing treatment, future care, or permanent injury. When your losses exceed PIP, we pursue the at-fault driver’s bodily injury coverage (and your UM/UIM if you have it).

What if I was partially at fault?

Florida uses a modified comparative negligence system. If you’re more than 50% at fault, you can’t recover; if you’re 50% or less, your recovery is reduced by your percentage of fault. That reality doesn’t change the contingency fee arrangement, but it does shape strategy and expected value. I’ll be candid with you about it from day one.

How liens and medical bills affect your take-home

Hospitals, health plans (including Medicare/Medicaid), and certain providers may assert liens. Part of my job is to negotiate those balances so your net is as strong as possible. Sometimes a tough lien

negotiation adds more to your pocket than another round of haggling with the insurer.

When a free consultation matters

You shouldn’t have to guess about fees. I offer a free case review where we walk through:

• Your medical situation and the 14-day rule for PIP treatment

• Fault, evidence, and insurance coverages in play (BI, UM, MedPay)

• Realistic timelines and decision points (pre-suit vs. litigation)

• The contingency fee, cost advancement, and sample math tailored to your facts

For Florida car accident cases, expect a contingency fee—generally 33⅓% pre-suit and 40% in litigation—plus case costs advanced by the firm and reimbursed from the recovery. The goal isn’t just a big headline number; it’s a strong netin your pocket, delivered with clear communication and zero hourly surprises.

Call Stockwell Law today for a free consultation and get the dedicated representation you need to move forward.