How Much Does an Accident Lawyer in Miami Charge? A Plain Answer

So what does a Miami accident lawyer actually cost me out of pocket right now?

You pay nothing unless the firm recovers money for you. There is no retainer, no hourly rate, and no monthly invoice. Under Florida Bar Rule 4-1.5, the contingency fee is capped at 33⅓ percent of the first $1 million recovered if your case settles before the defendant files a formal answer to a lawsuit (or before the right to arbitrate is demanded). If the case moves into active litigation after the defendant answers, the fee can rise to 40 percent of the first $1 million. These percentages are not random; they are established caps under Florida law. For example, on a $90,000 settlement reached before a lawsuit is filed, the attorney fee would be $30,000, leaving $60,000 before any case costs are deducted. Many people fear that hiring a lawyer will leave them with less than if they handled things alone. That concern is understandable but often misplaced, especially when insurance companies lowball unrepresented claimants. Case costs are separate from the attorney fee and are explained next.

Does the percentage change depending on how far my case goes?

Yes. The contingency percentage depends on how far your case progresses. Stage one: your case settles before the defendant files a formal answer in court (or before the right to arbitrate is demanded). In this scenario, the fee can be up to 33⅓ percent of the first $1 million recovered. Stage two: the defendant files an answer, or the right to arbitrate is demanded. Then the fee can rise to as much as 40 percent of the first $1 million. For recoveries above $1 million, Florida Bar Rule 4-1.5 sets lower percentages on the amounts above that figure.

Stage	Typical Percentage	Example Recovery	Estimated Attorney Fee
Pre-suit settlement	33⅓%	$100,000	$33,333
Post-answer settlement or trial	40%	$100,000	$40,000

The higher percentage after litigation reflects the extra work, risk, and expense the attorney takes on, depositions, motions, expert witnesses, and possibly trial. It is not a penalty; it accounts for the increased effort required to get a fair result when the other side refuses to settle reasonably.

What are ‘case costs’ and are they the same as the attorney’s fee?

No. Attorney fees are the percentage taken from your recovery. Case costs are the actual out-of-pocket expenses needed to build your claim. These include court filing fees, medical record retrieval fees, police report fees, expert witness fees (like accident reconstructionists or doctors), deposition transcripts, court reporters, postage, and copying. In simple cases, these costs may run a few hundred to a few thousand dollars. Complex crashes involving serious injuries or disputed fault can require more.

Wolfson & Leon advances these costs so you never pay anything out of pocket while your case is active. When your case settles or wins at trial, those costs are repaid from your recovery. Some firms deduct costs before calculating the attorney fee; others do it after. Deducting costs first benefits you because the attorney’s percentage is taken from a smaller amount. For example, on a $100,000 recovery with $5,000 in costs: if costs are deducted first, the fee is 33⅓ percent of $95,000 ($31,667), leaving you with $63,333. If costs are deducted after the fee, you get $61,667. Ask how it works before signing.

What if my case doesn’t win, do I still owe anything?

If no money is recovered, you owe no attorney fee. That is the core of a contingency agreement. However, case costs are handled differently, and every firm’s policy must be stated clearly in the written fee agreement. Wolfson & Leon’s policy on repayment of advanced costs if there is no recovery will be spelled out in that document. You should read it carefully and ask questions before signing.

Many people worry: “I don’t want to be stuck paying hospital bills when I was not at fault.” That fear is real. But if your case fails, you won’t owe legal fees. Whether you owe costs depends solely on what your signed agreement says. Also remember: under Florida Statute 95.11, you have only two years from the date of a crash (if it happened on or after March 24, 2023) to file a lawsuit. Waiting too long can end your right to recover anything, making the fee question irrelevant.

Is the first conversation with Wolfson & Leon really free, and what happens in it?

Yes. The consultation is free and carries no obligation to hire the firm. You can call (305) 285-7071 any time, a live person answers 24 hours a day, 7 days a week. Meetings can happen at the firm’s office at 1840 W 49th St, Suite 734, Hialeah, or at your home or hospital room if you cannot travel. Most attorneys and staff speak Spanish, so the entire consultation can be conducted in Spanish.

During the call or meeting, the firm will listen to what happened, review your injuries and treatment, explain whether you have a valid claim under Florida law, and walk you through the likely contingency percentage and expected case costs. This is your chance to ask exactly how fees and costs work, before you sign anything.

How does Wolfson & Leon put all of this in writing, in Spanish, before you sign?

Florida Bar Rule 4-1.5 requires every contingency fee agreement to be in writing, signed by the client and the lawyer, and clear about its terms. Wolfson & Leon provides this agreement in writing before doing any legal work. Because the firm is based in Hialeah and most staff speak Spanish, clients who prefer Spanish can receive full explanations and review documents in Spanish.

The agreement will state the contingency percentage (including how it changes if a lawsuit is filed), how case costs are handled, what happens to those costs if there is no recovery, and your right to a detailed settlement statement showing every deduction. Ask to take a copy home to read before signing. A reputable firm will never pressure you to sign the same day. The office is at 1840 W 49th St, Suite 734, Hialeah, and the phone number (305) 285-7071 is answered live 24/7.

Frequently asked questions

Does the lawyer’s fee come out of my settlement, or do I write a separate check?
The fee comes out of your settlement or verdict. You never write a separate check. The attorney receives their percentage directly from the recovered funds, along with reimbursement for case costs.

Why does the percentage go up if a lawsuit has to be filed?
Because litigation requires significantly more work, depositions, motions, expert witnesses, court appearances, and trial preparation. The higher percentage reflects the added time, risk, and expense the lawyer assumes.

Can I lose money by hiring a lawyer if my case is small?
It depends on the case. In a small case, fees and costs can take a meaningful share of the recovery, so ask the firm to walk through the numbers during the free consultation before you sign.

How long do I have to file a lawsuit after a Miami car crash?
For crashes on or after March 24, 2023, Florida Statute 95.11 gives you two years from the date of the crash to file a negligence lawsuit. Missing this deadline usually means losing your right to recover anything.

Does it matter that Wolfson & Leon is in Hialeah rather than downtown Miami?
Not at all. The firm handles cases across Miami-Dade County, including downtown Miami, Coral Gables, and Homestead. Being in Hialeah means quicker access for local residents and strong familiarity with area roads like Okeechobee Road and the Palmetto Expressway.

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 · 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) 285-7071 for a free consultation. We speak Spanish, and there is no fee unless we win.