Free Consultation With an Accident Lawyer: Exactly What to Ask About Fees

The free consultation is your chance to interview the lawyer, not the other way around. Before you sign anything, get clear answers to seven key questions about fees, costs, who handles your case, and what happens if things go wrong. Writing these questions down ahead of time ensures you know exactly what you are agreeing to, instead of learning the hard way at settlement.

What percentage do you charge, and when does that number change?

The contingency fee is not one fixed number. Under Florida Bar rules, the fee generally cannot exceed 33 1/3 percent of a recovery up to $1 million if your case resolves before the defendant files an answer or arbitration is demanded. After that point, through trial, the cap rises to 40 percent. Ask the lawyer directly: “What is your exact percentage before suit, and what does it become if we have to file a lawsuit?” Do not accept vague language. Both numbers must appear in your written agreement. On a $90,000 settlement, a 33.33 percent fee equals $30,000 before expenses. Focus on the full financial picture, not just the headline rate.

Who pays the case costs upfront, and what happens to them if we lose?

“No fee unless we win” covers attorney fees, not case costs. Costs include filing fees, medical records, expert witnesses, depositions, and accident reconstruction. Many firms advance these so you pay nothing while the case is open. But you must ask: (1) “Does your firm advance all case costs?” (2) “Are costs repaid from the settlement before or after your fee is calculated?” and (3) “If we lose, do I owe those costs?” Some firms absorb costs on a loss; others expect repayment. Remember: the settlement number is not what you take home. Your net amount depends on how fees and costs are ordered.

Is the percentage calculated on the gross settlement or on what’s left after expenses?

This question changes your bottom line. Ask the lawyer: “Do you take your percentage from the full settlement amount, or from what remains after expenses?” Consider this example: $100,000 settlement with $15,000 in costs and a 33.33 percent fee. If the fee is taken from the gross, you pay $33,333 in fees, then $15,000 in costs, leaving $51,667. If the fee is taken after costs, it is 33.33 percent of $85,000 ($28,333), leaving $56,667. That’s a $5,000 difference. This is an illustrative example only. Demand a written closing statement showing every deduction before you agree to anything.

Who will actually handle my case, and will they speak to me in Spanish?

The attorney you meet at the consultation may not be the one managing your case day to day. Ask clearly: “Who will be my main point of contact, an attorney, paralegal, or case manager?” “Will I speak directly with the attorney responsible for my case?” and “Is Spanish the working language of your office, or will I need a translator?” At Wolfson & Leon, consultations can happen entirely in Spanish. You can meet at the Hialeah office at 1840 W 49th St, Suite 734; by phone; at your home; or even at the hospital. Do not settle for a firm where you cannot communicate fully in your preferred language from start to finish.

What happens if I want to change lawyers after I sign?

You can discharge your attorney at any time. But ask upfront: “If I decide to change attorneys, what happens?” and “Will your firm assert a lien for fees and costs already incurred?” A discharged lawyer may place a lien on your case for the reasonable value of work done, which could affect whether a new attorney will take over. Also ask: “Will you release my file immediately if I request it?” Changing lawyers is your right, but it carries financial and practical consequences. Know those terms before you sign.

Will I get a signed copy of the contract and a written statement of my rights before I leave?

Florida Bar rules require certain disclosures in contingency fee cases. Ask: “Will I receive a signed copy of the fee agreement today?” and “Do you provide the Statement of Client’s Rights required under Florida Bar rules?” You should also confirm whether you have a short window, often described as three business days, to cancel the agreement without penalty after signing. Finally, ask: “When the case resolves, will I get a written closing statement showing the gross recovery, the attorney fee, every cost deduction, and any lien payments before I sign the settlement authorization?” Do not leave the consultation without these documents or a clear promise of when you will receive them.

Frequently asked questions

Is the free consultation really free, or will I owe something for that first meeting?
Yes, the initial consultation is free. You will not be billed or charged for meeting with a personal injury lawyer to discuss your case.

Does ‘no fee unless we win’ mean I owe nothing at all if my case is lost?
It means you owe no attorney fees. However, you may still owe case costs unless your agreement states the firm absorbs them on a loss. Always confirm this in writing.

Can I negotiate the contingency fee percentage?
Some firms may discuss the percentage, but focus on the total financial picture, including how costs are handled, rather than the headline rate alone.

How long do I have to file a lawsuit after a car accident in Florida?
For injuries occurring on or after March 24, 2023, you have two years from the date of the crash to file a negligence lawsuit under FS 95.11.

What if I was partly at fault for the crash, can I still recover?
Yes, under FS 768.81(6), you can still recover damages as long as you are not more than 50 percent at fault. Your award will be reduced by your share of fault.

Related reading: I was in a car accident in Hialeah. What do I do now? · The 14-day PIP rule in Florida: what happens if you wait to see a doctor after a Hialeah car accident · I was in a car accident in Hialeah. What do I do now? · How long do I have to file an injury lawsuit in Florida? The two-year rule after HB 837 · The driver who hit me in Hialeah has no insurance. What now?

Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.