Is a Fort Lauderdale Injury Claimant Responsible for the Wrongdoer's Attorney's Fees?

This Fort Lauderdale Injury Law Firm, as well as most equally committed to victims’ rights law firms throughout Fort Lauderdale and the State of Florida generally agree to work for injured plaintiffs and their family members on a contingency fee basis. What that means essentially is that an injury victim can obtain the services of a skilled and knowledgeable injury attorney and only pay a reasonable attorney’s fee in the event that the attorney essentially wins the victims case. Generally, for settlement under $1 million, the Ft. Lauderdale Injury Attorney receives 33 1/3% of the gross recovery and 40% of the first million dollars recovered if a lawsuit and answer thereto has been filed with the court.

The question that should be considered by many injury victims considering filing suit and having their case tried is can the victim be held liable for attorney’s fees if he or she “loses” their case? Generally speaking, pursuant to Florida Statute §768.79 and Rule 1.442, if an injury victim plaintiff unreasonably refuses to accept a proposal for settlement, which is defined as having a verdict rendered for more than 25% less than the proposal, then the injury victim must pay the defendant’s attorney’s fees and costs. Similarly, the injury victim can likewise make a demand for judgment or settlement and if a verdict is thereafter rendered successfully for the victim greater than 125% of the amount demanded then the Court must award the victim’s attorney’s fees and costs to be paid by the defendant.

It is therefore, very important to choose a knowledgeable and skilled Fort Lauderdale Injury Attorney to properly guide and advise the victim so as not be liable to pay the defendant’s attorney’s fees; while also focused to recovery as much damages as possible and as much of the victim’s attorney’s fees as possible.